IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 10.01.2025 Kulwinder ....Petitioner V/s State of Punjab ....Respondent CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Viren Sibal, Advocate for the petitioner.

Ms. Avneet, AAG Punjab.

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SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 439 Cr.P.C./483 of the Bharatiya Nagrik Suraksha Sanhita for grant of regular bail to the petitioner in case bearing FIR No.0123 dated 15.04.2022, registered for the offences punishable under Sections 22, 61 & 85 of the NDPS Act at Police Station City Ferozepur City, District Ferozepur.

2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:-

“Station House Officer, City Ferozepur, Sat Sri Akal, Today along with Inspector ASI Narinderpal No. 628/FIRO- ASI Rajpal No. 1235/FIRO, HC Joginder Singh No. 145/FIRO, Lady Senior Constable Kulbir Kaur No. 50/FIRO PHG Sandeep Singh No. 22759 on a Government Vehicle No. PB05-R-9848 whose driver ASI Sukhdev Singh No. 365/FIRO were Patrolling and checking in relation to suspicious men, in the area of the Police station Cantt Ferozepur and the police station City Ferozepur. When the police party reached Bagdadi Gate in Ferozepur city while patrolling, the informant stopped my vehicle by signalling and pulled me over to the side and informed me that Kulwinder son of Ruldu, resident of Janta Preet Nagar, Ferozepur City, who used to selling narcotic pills, who is still standing in an empty place adjacent to the Rai Sikh Bhawan built on Kacha Jira Road to sell narcotic pills to customers. If we go to that place now and check it, a large quantity of narcotic pills can be recovered from Kulwinder. This information is solid, reliable and solid. Keeping and selling narcotic pills in his possession by the above Kulwinder fulfils the definition of crime 22 of the NDPS Act. Therefore, a case against Kulwinder under Section 22 of the NDPS Act is written and sent to the police station through Lady Senior Constable Kulbir Kaur No. 50/ FIRO. The case should be registered and the case number should be informed. Special reports should be sent to the service of the Area Magistrate and officers. PCR should be informed. I am the Inspector along with my fellow employees of the Bhairahawa Road, informant. Today, Baghdadi Gate, Ferozepur City, at 4.15 PM, Parminder Singh INSP, In charge, Narcotic Control Cell, Ferozepur, Dated 15.04.2022 Today, a case has been registered against the accused in the above mentioned police station, Mosul, and a copy of the FIR has been registered, alongwith the original FIR, in the possession of Arinda Lady, Senior Constable, Near the INSP, for investigation. Special reports are being prepared and sent to the service of the Ld. Area Magistrate Sahib, and higher officials, through CT Gurpreet Singh No. 968/FERO, Wireless Message is sent to the PCR.”

3. Learned counsel for the petitioner has argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that no recovery, as alleged in the prosecution case, was effected from the petitioner and rather he was picked up by the Police official from his residence and implicated into a false case. Learned counsel has further submitted that the mandatory provisions of Section 42 and Section 50 of NDPS Act of 1985 have not been complied with and, therefore, the prosecution case suffers from material discrepancies. Learned counsel has further submitted that no independent witness was ever enjoined in the case and no explanation has been rendered for non-joining of the independent witness. Learned counsel has further referred, in extenso, to the zimni/interim orders passed by the trial Court, especially orders dated 27.02.2023, 10.04.2023, 05.02.2024, 02.08.2024, 03.09.2024, 16.10.2024, 19.11.2024 & 27.11.2024 to argue that the there is delay in culmination of the trial and the same is not attributable to the