212 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-64981-2024 DECIDED ON: 10.01.2025 JOGINDER SINGH .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Piyush Sharma, Advocate for the Petitioner Mr. J.S.Rattu, DAG, Punjab SANDEEP MOUDGIL, J (ORAL)

Relief Sought

1. The jurisdiction of this Court has been invoked for the second time under Section 483 of the BNSS, 2023, for grant of regular bail to the petitioner in case FIR No. 246 dated 22.12.2023(Annexure P-1) under section 21/29 of Narcotics Drugs and Psychotropic Substances Act 1985,( hereinafter referred as NDPS Act ) registered at Police Station Sadar Fazilka, District Fazilka

2. The FIR is reproduced herein below :

No. Ops/D/55 Bn/FIR/2023/415-16 Office of the Coy Commander 'D' Coy 55 BN BSF, BOP- Sowarwali Dated the 22 Dec 2023 To, the Station House Officer Police Station Sadar Fazilka. (Punjab) Sub:- To lodge FIR regarding movement of suspected flying object, firing thereof and recovery of one PKT (Suspected to be heroine) in AOR of BOP Sowarwali Ex 55 BN BSF It is submitted that on 21th Dec 2023, at about 2134 hrs. forward deployed troops in HIT No. 2 (consisting of No. 071281988 C1 Debajit Bardoli & No. 102550472 Ct Murtuza Ansari) heard humming/buzzing sound of a suspected flying object coming from Pak side (BP ref. 263/4) in AOR of BOP Sowarwali Ex. 55 Bn BSF but couldn't able to identify the exact direction of flying object. HIT party immediately informed the Off Coy Commander No. 10009948 Insp Vishram Meena through Coy exchange. At about 2136 hrs Off Coy Insp Vishram Meena informed at once to Depth Naka (Consisting of No. 040050719 Ct Kamal Masih & 020050076 HC/Dvr Dalip Chand) which was already laid at Choke Point No. 2 and simultaneously informed to ADS for spoofing also however no early detection of flying object was reported by ADS Team. Similarly Coy Comdr informed to Sh. Naresh Kumar Aggarwal DC (Adjt) as well as Sh Subheg Singh DSP Fazilka. Off Coy Commander along with QRT (Consisting No. 050011861 Insp Mool Chand Jat. No. HC/Dvr Raju Kumar Pradhan & No. 95000145 HC (G) Pyarelal immediately rushed towards suspected dropping area and choke Point No. 02. Meanwhile Depth Naka deployed at Choke point No. 02 heard the sound of suspected flying object and on hearing the sound No. 040050719 Ct Kamal Masih fired 02 rounds (KF-19) from his 5.56 Insas Rifle (Butt No. 386 comma body no 18753028) in the direction of flying object and after the firing, sound of the flying object was posed & disappeared from the area. All choke points were covered. Depth Naka and QRT team cordened the suspect dropping area and started search of area. During the search of area one yellow color wrapped packet with thin pipe type radium suspected to be contraband item of approx weight 530 grms heroin was recovered from the area. Sh. KN Tripathi, Comdt 55 BN BSF a/w Sh Naresh Kumar Aggarwal, DC (Adjt) & QRT teams of Bn HQrs team also reached at the P.O.O. Immediately from Bn HQrs and Dy. SP Subeg Singh along with 08 police personnel also reached on the spot. Further detailed search ops led by Sh KN Tripathi, Comdt 55 BSF BSF a/w Sh. Naresh Kumar Agarwal DC (Adjt). Off Coy Commander Insp Vishram Meena. Insp (G) of unit along with 04 SOs & 41 ORs and police party carried out w.e.f. 220715 hrs to 220930 hrs and no item recovered. EFC not recovered and suspected contraband item has been handed over to SHO Sadar Fazilka on proper seizure тето. 3.Р.О.О. BP ref 263/4-S. Distance from IB 2.5 Kms, distance from BS fence 2.350 Kms approx. Distance from BOP Sowarwali 2.5 Kms approx. Distance from Pak Post Jagga Chistti 2.5 Kms approx. Distance from ADS Sowarwali 2.5 Kms. 4. Therefore, it is requested to lodge an FIR against the unknown miscreants. Investigation may be done at your end and outcome of the investigation may be intimated to this HQ for our record and further necessary action please. A copy of FIR also be provided for our