IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

220 Decided on : 04.02.2025 BHAJAN LAL ALIAS RAJU DJ . . . Petitioner(s)

Versus STATE OF HARYANA . . . Respondent(s)

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Ms. Tejasvi, Advocate for the petitioner(s).

Mr. Anmol Malik, DAG, Haryana.

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KIRTI SINGH , J. (Oral)

The jurisdiction of this Court under Section 483 BNSS has been invoked for grant of regular bail to the petitioner in case FIR No.407 dated 09.09.2020 under Sections 22(c) and 29 of NDPS Act, 1985, registered at Police Station Rania, District Sirsa.

2. The translated version of the FIR is reproduced below:-

“To, Officer-in-charge Police Station Rania Jai Hind. Today on dated 09.09.2020 ASI, HC Beant Singh No.749 HC Juglal No. 495 Constable Uttam Singh No. 3/238 CIA Unit Kalawali were carrying private laptop and printer in official vehicle No. HR 24 Z-2525 driven by Constable Ankit No. 1468 for patrolling and going towards Ottu through unmetalled road in the area of Ottu Head. And when we reached near old fish pond then two young men were seen coming from the unmetalled road towards Ottu Head. The rider of the motorcycle appeared perturbed on seeing the police party and when he tried to turn the motorcycle then motorcycle slipped down and rider of the motorcycle and young pillion rider fell down alongwith the motorcycle. And plastic bag kept between them also fell down and some intoxicant capsules came out of it. That ASI alongwith the help of fellow officials controlled the two young men alongwith the motorcycle and enquired about their name and address then rider disclosed his name as Sukhwinder Singh @ Sukha son of Om Parkash resident of Bhamboor and pillion rider disclosed his name as Bhajan Lal @ Raju DJ son of Mukhtyar Singh resident of Ottu. And motorcycle No. HR 44 J- 3766 manufacture Hero HF Deluxe black colour was found. When ASI picked up and checked the plastic bag and intoxicant capsules which fell from the plastic bag then 56 strips of intoxicant capsules was recovered from the plastic bag. On checking, 38 strips of PARVORIN-SPAS (RIDLEY) Tramadol-Hydrochloride - Diclofenac -Sodium -Dicyclomin -Hydrochloride & Chlorpheniramine Maleate Capsules and B.N. PAR-1945, MFG-DEC-2019, EXP-NOV- 2021 and 18 strips of PARVORIN-SPAS (RIDLEY) Tramadol- Hydrochloride -Diclofenac -Sodium -Dicyclomin Hydrochloride & Chlorpheniramine Maleate Capsules B.N. PAR-2019, MFG-AUG-2020, EXP-JUL-2022. Each strip containing 10 intoxicant capsules which is 560 intoxicant capsules (RIDLEY). That recovered intoxicant capsules

2025.02.05 14:51 fall under NDPS Act as per S.No.-238 ZH. ASI put the recovered strips in the same plastic bag to prepare parcel and sealed with my seal ML/3 and prepared sample seal. ASI Madan Lal prepared Seizure Memo for seizing and took into custody the plastic bag containing intoxicant capsules sealed with seal of ML/3 and motorcycle No. HR 44 J-3766 manufacture Hero HF Deluxe black coloured which is signed by Sukhwinder Singh @ Sukha son of Om Parkash Majhbi Sikh resident of Bhamboor and Bhajan Lal @ Raju DJ son of Mukhtyar Singh Baajigar resident of Ottu and witnesses. That ASI gave his seal to HC Beant Singh No. 749 CIA Unit Kalawali after use. Upon enquiry by ASI, Sukhwinder Singh @ Sukha son of Om Parkash Majhbi Sikh resident of Bhamboor and Bhajan Lal @ Raju DJ son of Mukhtyar Singh Baajigar resident of Ottu told that they share the intoxicant capsules. And we had jointly purchased the intoxicant capsules from Ladi son of Deewan Singh Rai Sikh resident of Village Kuttabadh. That Sukhwinder Singh @ Sukha son of Om Parkash Majhbi Sikh resident of Bhamboor and Bhajan Lal @ Raju DJ son of Mukhtyar Singh Baajigar resident of Ottu have by keeping 560 intoxicant capsules (RIDLEY) and Ladi son of Deewan Singh Rai Sikh resident of Village Kuttabach by selling have committed offences under Sections 22/61/85 NDPS Act. So case be got registered by sending the information reduced in writing through Constable Uttam Wi