IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 04.02.2025 GURPREET SINGH @ GEETU ...PETITIONER Versus STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. J.S. Sandhu, Advocate for the petitioner(s).

Mr. J.S. Rattu, DAG, Punjab.

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SANDEEP MOUDGIL, J (ORAL)

1. Relief Sought This petition has been filed under Section 483 of BNSS

2023 for the grant of Regular Bail to the petitioner in FIR No.253, dated 03.11.2022, Under Section 21(c), 29 of N.D.P.S. Act 1985 Registered at Police station Sadar Fazilka District Fazilka Punjab.

2. Prosecution story set up in the present case as per the version in the FIR reads as under :-

‘Station House officer, P.S. Sadar Fazilka, today I SI alongwith ASI Bhagat Singh No.562/Fazilka, HC Satnam Singh No. 163/FZK., HC Davinder Singh 482/FZK. ст. Jaiparkash NO. 1095/FZk. Ct. Samit Kumar No. 986/FZK. were going on a govt. vehicle bearing NO.PB-05R-9846 which is driven by HC Kikkar Singh No.884/FZK and second police party including SC Ashok Kumar NO. 482/FZK, HC Pargat Singh No.1155/FZK, HC Amarjit Singh no.807/FZK, HC Veerpal kaur 422/FZK on a govt. vehicle bearing NO.PB-22R-0870 which was driven by Harjinder Singh NO. 977/FZK. carrying laptop, printer alongwith us regarding patrolling and checking of suspicious persons and carried out barricading and Dhani Mandeep Singh Gill within the area of Kava Wali regarding suspicious persons that one motorcycle were seeing coming from village Mahtam Nagar to which I SI and fellow companions with the help of torch light signaled to stop the motorcycle on which two young personsand one female were riding and on seeing the torch light motorcycle rider suddenly stop the motorcycle and tried to turn back the motorcycle. then motorcycle stopped on which I SI with the help of companions of both police parties apprehended them on the basis of suspicion and enquired about their name and address, then motorcycle driver disclosed his name as Jagdish Kumar Deesha son of Joginder Singh son of Sher Singh r/o Dona Nanka, P.S.Sadar Fazilka, middle persons disclosed his name as Harjinder Singh Jinda son of Lakhmir Singh son of Suhar Singh r/o Dona Nanka, P.S. Sadar Fazilka and lady sitting as pillion rider disclosed her name as Kakko Bai wife of Jasvir Singh Jassa son of Gurdas Singh r/o Dona Nanka P.S. Sadar Fazilka then motorcycle on which one bag was hanging on the side on which I SI apprised aforesaid three accused about my name, rank and posting and told them that I, Amrinder Singh Gill Sub Inspector is posted as Incharge CIA Staff Fazilka. I have doubt of possessing some intoxicant substance in the bag hanging on the side of the motorcycle bearing NO. PB- 22U-9140 mark TVS Star City plus of red colourin your possession because of which search of bag hanging on the side of motorcycle in your possession and your search is to be conducted but you have right according to the law under Narcotic Drug Psychotropic substance Act to get yourself and bag hanging on the side of motorcycle search to be conducted in presence of any Gazttted officer or Magistrate, who can be called on the spot, on which accused Jagdish Kumar Deesha, Harjinder Singh @ Jinda and Kakku Bai aforesaid said in separate-separate voice that we want to get our search and search of the bag on the side of the motorcycle to be conducted by any Gazetted officer on which I SI prepared separate-separate non consent memo of aforesaid 3 persons and witnesses put their witness on it then I SI called Sh. Subeg Singh PPS Deputy superintendent of Police, Sub Division Fazilka on his mobile phone and apprised him regarding aforesaid incident and requested him to come on the spot. Sh. Subeg Singh PPS Deputy Superintendent of Police, Fazilka alongwith his gunman carrying weapon on a govt. vehicle came at the spot. To whom I SI disclosed about the situation then worthy DSP afterverifying about the name and address of accused Jagdish Kumar Deesha, Harjinder Singh Jinda and