IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 25.02.2025 Jeetu ...Petitioner Versus State of Haryana ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Akshit Mehta, Advocate, for the petitioner.

Mr. Gurmeet Singh, AAG, Haryana.

N.S.SHEKHAWAT , J. (Oral)

1. The petitioner has filed the instant petition under Section 439 of the Cr.P.C. with a prayer to grant a regular bail in case FIR No.163 dated 08.06.2023 registered under Sections 20 of the NDPS Act (Section 29 of NDPS Act added later on) at Police Station Dhauj, District Faridabad.

2. The FIR in the present case was registered on the basis of the statement made by Jagdish SI and the same has been reproduced below:-

“To, SHO, P.S Dhauj, Fairdabad, Jai Hind. Today, I SI along with head constable Amit No. 341, Constable Amit No. 1810, Constable Punit No. 1239 was present at Dhauj, Faridabad in Government vehicle No. HR51GV6546 along with Driver EHC Naresh Kumar No. 373 for the purpose of crime prevention. Then the secret informer gave a secret information to me SI that, Jeetu S/o Mahender R/o village Kureshipur and his partner Amit R/o village Akalgarh, District Jind do the work of supplying Ganja in the Accent Car color white bearing No. HR26BD4408. That both the persons, after some time will go to the village Kureshipur by taking the Narcotics Substance (Ganja) in their Accent car bearing No. HR26BD4408 and if barricading is done on Fatehpur Taga to Bijopur road then both the person can be caught while possessing Ganja in their Accent Car. That after conveying the information to the co-officials, one Notice under Section 42 of NDPS Act was prepared and Constable Amit No. 1810 was sent to Police Station for the information and who came back from the Police Station Dhauj to the spot after 40 minutes after registering the Nakal Rapat bearing No. 48 dated 08.06.2023, and the copy of the Nakal Rapat bearing No. 48 dated 08.06.2023 is handed over to me. Thereafter, I went to Fatehpur Taga to Bijopur road on the government vehicle along co-officials and secret informer and after barricading we started conducting the search of the vehicles. After, 10-15 minutes, one Accent car of white colour was coming from the side of Bijopur and the secret informer confirmed that this is the car. Thereafter, we discharged the secret informer and tighten the barricading along the help of co-officials. After seeing the police barricading, the driver of the car started turning the car then I along with the help of co police officials caught the driver of the car along with his car, and the person sitting on the conductor seat was caught by Constable Amit No. 1810. When I saw the number of the car, it was found that the car was bearing No. HR26BD4408. When I asked the name of the caught person, then he disclosed his name as Jeetu S/o Mahender Singh, R/o village Bajna, District Mathura, UP and who is presently resident village Kureshipur, PS Dhauj, Faridabad. The person caught by constable Amit disclosed his name as Amit S/o Jai Bhagwan R/o village Akalgarh, PS Julana, District Jind. When I opened the boot (Dikki) of the car then the Plastic Bags were found and the openings of the plastics bags were tied with a rope. I handed over separate Section 50 Notice to the each person as I was having the suspicion that the Plastic bags are filled with the Narcotics Substance (Ganja) and asked from them that whether they want to get their search conducted through from me or any Gazetted officer. Then both the persons gave their written consent to get the search of plastic bags to be conducted through Gazetted officer. Then I, called the Gazette officer appointed by the DC namely Ramesh Kumar DHO Faridabad from my mobile No. 9999223555 on his mobile No. 9996788121 and requested him to come on the spot. Thereafter, the duty Magistrate Ramesh Kumar came on the spot on his private vehicle after 30-40 Minutes and disclosed his name and designation to the caught persons and