230 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5790-2025 DECIDED ON: 27.02.2025 KAVI RAJ .....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Ms. Neha Rana, Advocate for Mr. R.N. Lohan, Advocate for the petitioner.

Mr. Chetan Sharma, DAG, Haryana. SANDEEP MOUDGIL, J (ORAL)

1. Relief sought The jurisdiction of this Court has been invoked under Section

483 B.N.S.S. of 2023 for grant of bail to the petitioner in case FIR No. 148 dated 30.05.2024 under section 15 (c) of NDPS Act, 1985 Police Station Julana, District Jind.

2. Prosecution story setup in the present case as per the version in the FIR as under:-

"To SHO, Police Station Julana, District Jind, Jai Hind, Today on 30.05.2024, myself ASI along with EHC Vijay Kumar No. 973 / Hisar along with Constable Vinod Kumar 3171/GGM along with vehicle No. HR-03 GV-5858 along with Driver ASI Anoop Singh No. 895/Hisar were present for patrolling to detect crime at village Budakheda, District Jind, near HP Petrol Pump, Rohtak-Jind road alongwith laptop printer. When a special informer met and informed to myself ASI that Kaviraj son of Preet Singh and Jitendra Singh son of Mahendra Singh, residents of village Ikkas, District Jind are involved in selling poppy husk after bringing from Madhya Pradesh in their TATA truck closed body No. HR 61C-5477. Today they will go to Julana in their above mentioned truck via National Highway 152 D. There are sufficient quantity of poppy husk in their truck. If you set up a barricade here itself, then both the above mentioned persons can be apprehended along with their truck and poppy husk. The information is credible and the report under section 42 NDPS Act was sent to Police Station Julana for information to the higher authorities through EHC Vijay Kumar No. 973/Hisar. Myself ASI informed the fellow employees about the information and started barricading at this spot with the help of the above- mentioned government vehicle. At about 11.15 AM a closed body truck was seen coming from Rohtak side. Myself ASI with the help of fellow employees got the closed body TATA truck No. HR 61C-5477 stopped and got it parked in the side and two persons were found in the truck. Myself ASI asked the name and address of the truck driver, he told his name as Jitendra Singh son of Mahendra Singh resident of Ikkas, Police Station Sadar Jind, District Jind and the person sitting on the conductor's seat told his name as Kaviraj son of Preet Singh resident of Ikkas, Police Station Sadar Jind, District Jind. I asked the driver as to what is there in the truck, he told that there are 5 cabins of JCB. Upon suspecting some narcotic poppy husk with above said Kaviraj and Jitendra Singh and truck HR61C-5477 myself ASI first of all gave Notice under section 50 NDPS Act to above said Kaviraj that myself ASI Ramphal No. 493/SRS STF Unit Hisar have some doubt about some narcotics poppy husk upon you Kaviraj son of Preet Singh resident of village Ikkas, District Jind and your TATA truck closed body No. HR 61C-5477. The search of you and your above said truck has to be taken and you have legal right to get yourself and your truck searched from some Gazetted Officer or Duty Magistrate by calling them at the spot or you can be produced before them along with the truck for search. Give your written reply. Upon this, Kaviraj and witnessed put their signature on the notice and above said Kaviraj got his reply written after reading the notice that I, Kaviraj son of Preet Singh resident of village Ikkas district Jind have read the notice given by you. I want to get myself and my TATA truck closed body No. HR 61C-5477 get the search in front of a gazetted officer by calling at the spot. Myself and my above said truck may be got searched from some gazetted officer be calling him at the spot. Kaviraj and witnesses put their signature on the reply of the notice. Thereafter I gave Notice under section 50 NDPS Act to the above Jitend