201 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 13.01.2025 RAM KUMAR .. Petitioner Vs.

STATE OF HARYANA ..Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Gaurav Aggarwal, Advocate for the petitioner.

Ms. Ankita Ahuja, AAG, Haryana.

...

S UMEET GOEL , J. (Oral)

1. Present petition has been filed under Section 482 of BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR No.372 dated 23.07.2024, under Sections 15(C)/29 of NDPS Act, 1985, registered at Police Station Dabwali Sadar, District Sirsa, Haryana.

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

"To, the Station House Officer, Police Station Sadar Dabwali. Jai Hind. Today I ASI along with HC Jaiwardhan No. 56/DWL, EHC Rajwinder Singh No. 446/DWL, C. Mandroop 545/DWL, SPO Harwinder Singh No. 87 boarding Government vehicle Neo Bolero white Coloured No. HR24GV-2526 driver EHC Purshottam No. 447/DWL in connection of Patrolling and investigation of crime of drugs were present during Nakabandi between Village Lohgarh and Jotanwali near Dera Makhidas where special informer met myself ASI and told that ahead of village Jotanwali Haripira Road near Border two youngsters are standing they are having Motorcycle Hero Splendour Number RJ13MS-8564 and near the Motorcycle itself one white Sheet (Tarpaulin) Three/Four black coloured sacks have been kept by covering the same, that I have full suspicion that in these sacks there is poppy husk and these persons are trying to sell this poppy husk to someone, if raid be conducted immediately then these persons can be nabbed along with poppy husk at the spot itself, that since the information being considerable, so myself ASI prepared notice under section 42 NDPS Act, for information of senior officers and sent it by hand through EHC Rajwinder Singh No. 446/DWL to Police Station Sadar Dabwali, that myself ASI along with HC Jaywardhan No. 56/DWL, C. Mandroop 545/DWL, SPO Harwinder Singh No. 87 boarding Government Vehicle No. HR24GV-2526 driver EНС Purshottan No. 447/DWL departed to the spot as per information and from village Jotanwali reached towards Rajasthan Border, then to our left side on the side of the Road two boys were seen near the Motorcycle, that we took our Government vehicle near them and stopped then both those boys got nervous and left their Motorcycle there itself and about to flee then myself ASI on the basis of suspicion with the help of fellow employees nabbed both those boys after running little distance and both of them brought near the Motorcycle and near the Motorcycle in a pit underneath white sheet (tarpaulin) lying sacks asked their names and address then first one disclosed his name as Sunil Kumar son of Kaluram resident of Dhani 1 HRP Haripura District Hanumangarh (Raj.) and second boy disclosed his name as Radheshyam son of Omparkash son of Aduram Resident of Village Haripura District Hanumangarh (Raj.), that a sheet lying with in a pit was removed and saw then underneath the sheet four black coloured plastic sacks in which some goods were found filled and inlet of all four sacks was tied and Motorcycle was checked then number of the Motorcycle was found as RJ13MS-8564 make Hero Splendour, its Chassis Number MBLHA10BFF4E04239 and Engine Number HA10ERFE03958 black coloured was found, that suspects Sunil Kumar and Radheshyam above named told that this Motorcycle and all four sacks covered with a sheet are ours, that myself ASI asked about the goods in these sacks then both of them got nervous and could not give any satisfactory answer ”

3. On 06.09.2024, the following order was passed:-

“Petitioner Ram Kumar has filed instant petition under Section 482 of BNSS, 2023 for grant of anticipatory bail in FIR No.372 dated 23.07.2024 under Sections 15 (C)/29 of NDPS registered at Police Station Dabwali Sadar, District Dabwali, Haryana.

Learned counsel for petitioner submits that petitioner has been falsely implicate