216 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-8830-2025 DECIDED ON: 21.02.2025 PAWANDEEP SINGH .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Ms. Sukhpreet Kaur Grewal, Advocate for the petitioner.

Mr. Jasjit Singh Rattu, DAG Punjab. SANDEEP MOUDGIL, J (ORAL)

1. Relief Sought The jurisdiction of this Court under Section 483 BNSS, has been invoked for the 2^nd time for grant of regular bail to the petitioner in case FIR No. 120, dated 22.07.2024, under Section 21(c) of NDPS Act, 1985 (Sections 25, 27-A, 29, 61, 85 of the NDPS Act added later on), registered at Police Station Chheharta, District Amritsar.

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

“To: The SHO, Police Station Cheharta, Amritsar, Jai Hind, Today, I, SI along with ASI Ravinder Singh (2748), ASI Hira Singh (227), and HC Ranjodh Singh (2330) were patrolling in a private vehicle in connection with the search for suspicious persons, and were returning to the police station via Kale Pind. Upon reaching near Nakha Wala Bagh at the Kapathgarh Bypass a turn Chheharta, the police party saw suspicious individual (Mulla Fashion) standing on the road near Nakha Wala Bagh, who was holding a black polythene bag in his right hand. Upon noticing the police party, he began to walk away hurriedly. Suspecting his behavior, 1, SI stopped and apprehended him. Upon questioning, the individual identified himself as Sukhdev Singh alias Manga son of Surjit Singh resident of village Kotli Dasaunda, Police Station BhindianSaidan, District Amritsar. Whom I, SI introduced myself and informed the individual of my designation that my name is SI Jagga Singh and I am posted as Assistant Station Officer at Police Station Chheharta. I am wearing my uniform which bears my name plate. I am having suspicion that the black polythene hand contains in your bag narcotic/intoxicating substances for which your search is required to be conducted. You have the legal right to have your search conducted in the presence of a Magistrate or a Gazetted Officer, for which. I can arrange on the spot. On this, accused Sukhdev Singh alias Manga, stated verbally to myself sI that, he wished to have his search conducted in the presence of a Gazetted Officer.Consequently, 1, SI, called Sh. Sukhpal Singh, PPS, Assistant Commissioner of Police, West Amritsar, on his phone number 79867-43829 from my phone number 97797-01498 and apprised him of the situation, requesting his presence at the spot.. In compliance with Section 50 of the NDPS Act, Sh. Sukhpal Singh, PPS, Assistant Commissioner of Police, West Amritsar, arrived at the location after some time, accompanied by his gunman in government vehicle number PB02-CR-2696. After being briefed about the circumstances, Sh. Sukhpal Singh, PPS, introduced himself, his rank, and his posting to the apprehended accused Sukhdev Singh alias Manga son. of Surjit Singh, resident of village Kotli Dasaunda, Police Station BhindianSaidan, District Amritsar. He stated, "I am Sukhpal Singh, PPS, posted as Assistant Commissioner of Police, West Amritsar. I am a Gazetted Officer appointed by the Punjab Government, and I have been informed that you may be in possession of some narcotic substance. Therefore, a search of the black polythene bag in your right hand is required to be conducted. However, you have the legal right to have your search conducted in the presence of a Magistrate or another Gazetted Officer, for which can arrange on the spot.At this, the individual, Sukhdev Singh alias Manga, verbally responded, "I have complete trust in your good self, and you may conduct my search." Following this, Sh. Sukhpal Singh, ACP West Amritsar, complied with the requirements of Section 50 of the NDPS Act. Before, conducting the search of the black polythene bag held in the right hand of the accused, the ACP Sahib attempted to join public witnesse