IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-32908-2025 DECIDED ON: 20.06.2025 SUPANDEEP SINGH ALIAS SUFANDEEP SINGH .....PETITIONER VERSUS STATE OF PUNJAB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Ms. Riffi Birla, Advocate for the petitioner.

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

1. Prayer The jurisdiction of this Court has been invoked under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in FIR NO. 92 Dated 02.05.2025 registered Under Section 21 (C) of NDPS Act (offence under section 29 of NDPS Act added later on) at police station Canal Colony Bathinda, District Bathinda (Annexure P-1) keeping in view the facts and circumstances mentioned in the petition.

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

“Copy of ruqa, today, I SI alongwith C. Pankaj Kumar 1900/Bathinda, C. Inderjeet Singh 463, Sr. Constable Ramandeep Singh 586, PHG Rampal Singh 21940 were going on bearing NO.T-0225-MH-0812 a govt. vehicle Scorpio C whose driver is C.Harwinder Singh NO.1585/Bathinda and were going from Kisan Chowk to ring road towards Malout Road regarding patrolling and checking of suspicious persons and when police party was about. 10/12 karams behind Sirhind river bridge then at about 05.15pm two clean cut surd persons were seen standing alongwith the motorcycle on palace side on right hand side of the road of the police party, I SI on the basis of suspicion took U- turn of my vehicle and stopped near this motorcycle and the said both clean cut surd person were doing something with black colour bag tied on the side of the motorcycle, who on seeing the police party close the zip of bag and got suspicion on seeing the nervousness of the said clean cut surd persons and from the bag tied on the side of the motorcycle in their possession. Then I SI tried to join private witness in the police party on the spot but no persons agreed to join in the police party, everyone express their difficulty. On asking by I SI, the first person disclosed his name as Sukhwinder Singh @ Sukha son of Gurnam Singh and second persons disclosed his name as Sukhwinder Singh @ Babbu son of Kaka Singh residents of near govt. School Basti NO. 03 Beer Talab Bathinda. Then I SI after complying with section 50 of NDPS Act disclosed about my name, rank and posting turn by turn to Sukhwinder Singh @ Sukha and Sukhwinder Singh @ Babu aforesaid that I SI Harjiwan Singh NO. 13/Bathinda, Station House Officer at police station Canal Colony, Bathinda. I am wearing uniform of my rank and name plate is affixed on it. I have doubt of some intoxicant substance in black colour bag tied on the side of motorcycle in your possession, due to which search of motorcycle mark Hero bearing NO. PB-22X-9626 of black colour alongwith bag in your possession alongwith bag is to be conducted under Narcotic Drugs and Psychotronic substance Act. You have legal right to get your personal search and search of motorcycle and search of black colour bag tied on the side from any Gazetted officer or Magistrate or you can be taken alongwith bag, motorcycle for effecting search before them. Sukhwinder Singh @ Sukha and Sukhwinder Singh @ Babbu aforesaid said turn by turn that we want to get our personal search and search of motorcycle and black colour bag tied to it from any Gazetted officer, on which separate-separate notice under section 50 of NDPS Act and were read over turn by turn to Sukhwinder Singh @ Sukha and Sukhwinder Singh @ Babbu aforesaid. Sukhwinder Singh @ Sukha and Sukhwinder Singh @ Babbu aforesaid signed on their notices and witness put their witness on it. Then I SI called from my mobile phone to District Control room Bathinda to send Gazetted officer on the spot and at about 05.55 pm sh. Harbans Singh PPS Deputy Superintendent of Police, City-I, Bathinda reach on the spot on his government vehicle Bolero bearing No. PB-03AP-5904 alongwith gunman and weapon. Then