IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 09.01.2025 Pronounced on: 27.01.2025 Noushad ...Petitioner Versus State of Punjab …Respondent CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Kshitiz Goel, Advocate and Mr. Krishan Kanha, Advocate for the petitioner.

Mr. Jasjit Singh, D.A.G., Punjab.

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ANOOP CHITKARA, J.

FIR No. Dated Police Station Sections

0074 25.06.2024 Sirhind, District 22-C, 29 of NDPS Act Fatehgarh Sahib

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking regular bail.

2. In paragraph 27 of the bail petition, the accused declares that he has no criminal antecedents.

3. The facts and allegations are taken from the status report filed by the State. On June 25, 2024, based on chance recovery, the Police seized prohibited medicines that fall under the restricted category of manufactured drugs from the possession of co-accused Manpreet Singh alias Mani and Jaswant Singh alias Dogar.

4. The Investigator claims to have complied with all the statutory requirements of the NDPS Act, 1985, and CrPC, 1973.

5. During the custodial interrogation of the co-accused Manpreet Singh alias Mani and Jaswant Singh alias Dogar, they disclosed about the seller of the drugs.

6. It shall be relevant to refer to the status report that mentions the evidence of disclosure statements and the petitioner’s arrest, which reads as follows:

“5. That thereafter, SI Amarjit Singh conducted the search of the accused Manpreet Singh @ Mani and Jaswant Singh @ Dogar as per the instructions of the DSP (PBI), Homicide & Forensic Unit, District Fatehgarh Sahib and the black plastic polythene bag in the possession of the accused Manpreet Singh @ Mani and Jaswant Singh @ Dogar was opened and checked wherein, 10 strips of intoxicant injections, each strip containing 5 intoxicant injections, totalling 50 intoxicant injections of LEEGESIC, Buprenorphine Injection IP, 2 mL with Batch No. DA616, MFG. DATE: MAR/2024, EXP. DATE: FEB/2026 and 50 vials of AVIL, 10 mL, with Batch No. 0424025, MFG. DATE: 04/2024, EXP. DATE: 03/2027 were recovered. The accused Manpreet Singh @ Mani and Jaswant Singh @ Dogar were unable to produce any permit or license for the recovered contraband. Since, the accused Manpreet Singh @ Mani and Jaswant Singh @ Dogar were found in the conscious possession of 50 intoxicant injections of Buprenorphine and 50 bottles of Avil, they were found to have committed the offence under 22C-61-85 NDPS Act. Accordingly, ruqa was sent for registration of FIR and consequently, case/FIR No.74 (supra) was registered.

6. That during the course of investigation, the spot was inspected, site plan was prepared and statements of witnesses were recorded under Section 161 Cr.P.C. The accused Manpreet Singh @ Mani and Jaswant Singh @ Dogar were arrested at the spot, in accordance with law. The recovered contraband along with the motorcycle bearing registration number PB-32L-4682 make black Pulsar motorcycle bearing registration were also taken into police possession, in accordance with law During interrogation, the accused Manpreet Singh @ Mani and Jaswant Singh @ Dogar disclosed that they had purchased the intoxicant injections and the Avil vials from one person named Ashok Kumar and they were habitual drug users and that some intoxicant injections they consumed for their own use, while others they sold to acquaintances. Based on the interrogation of the accused Manpreet Singh @ Mani and Jaswant Singh @ Dogar, Ashok Kumar was nominated as accused in the present case/FIR No. 74 (supra) vide Case Diary No. 1 dated 25.06.2024. During investigation, the offence u/s 29 NDPS was also found to be made out and accordingly, the same was added into the array of offences of the present case/FIR No. 74 (supra) vide DDR No. 39 dated 25.06.2024. A special report in this regard was prepared and sent to the senior officers and the Ld.

Area Magist