IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

214 CRM-M-29687-2025 DATE OF DECISION: 01.07.2025 RAKESH ...PETITIONER Versus STATE OF HARYANA ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr.Arnav Ghai, Advocate for the petitioner(s).

Mr. B.S.Virk, Sr. DAG, Haryana.

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SANDEEP MOUDGIL, J (ORAL)

1. Prayer This petition has been filed under Section 483 of BNSS, 2023 for grant of regular bail to petitioner in FIR No. 363 dated 28.12.2023 registered under section 20(b) (ii) (c) of the NDPS act in the Police Station: Sector 17/18, District Gurugram (Annexure P/1).

2. Brief facts of the case are that on 28.12.2023, Sub- Inspector Kimti Lal, while on routine patrolling duty along with accompanying police officials in a government vehicle bearing registration no. HR05GB4752 near Kataria Chowk, Gurugram, received credible secret information regarding the involvement of accused persons namely Ramesh, Rakesh, and Mukesh in the sale and possession of narcotic substances, specifically Ganja. It was informed that the said individuals were present in front of Pasco Automobiles, situated on Old Delhi-Gurugram Road, in possession of the contraband, and could be apprehended in case of immediate action. Upon receiving the aforesaid information, SI Kimti Lal duly informed the accompanying officials, constituted a raiding party, and prepared a written notice under Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), which was dispatched to Police Station Sector-17/18, Gurugram through Constable Manjeet. The police team thereafter proceeded to the indicated location, where an Eco van bearing registration number HR72H2275 was found parked. The informer identified the vehicle and confirmed that the accused persons were seated inside along with the contraband. Acting upon the same, SI Kimti Lal, with the assistance of his team, apprehended the three occupants. Two individuals, later identified as Mukesh and Ramesh, were seated on the rear seat with a white plastic bag placed between them. The third individual, Rakesh, was seated in the driver’s seat. Notices under Section 50 of the NDPS Act were duly served upon the accused persons, informing them of their legal right to be searched in the presence of a Gazetted Officer or a Magistrate. The accused expressed their preference to be searched before a Gazetted Officer. Attempts were made to contact ETO Deepak, but the call went unanswered. Subsequently, a request was made to the Personal Assistant to the Deputy Commissioner, Gurugram, seeking appointment of a Duty Magistrate. In response, Mr. Sushil Kumar, Naib Tehsildar, Gurugram was appointed as Duty Magistrate. At approximately 06:20 PM, Constable Manjeet arrived at the location along with a copy of the FIR and the Duty Magistrate. The Duty Magistrate was apprised of the facts and circumstances of the case. In compliance with procedural safeguards, he first conducted the personal search of SI Kimti Lal to rule out any planted evidence. Thereafter, on his directions, the personal search of the accused Ramesh, Rakesh, and Mukesh was conducted. From the white plastic bag located between Mukesh and Ramesh, a total of 23 kilograms and 310 grams of Ganja was recovered. The recovered contraband was converted into sealed parcels, bearing seal impression "KL" of the Investigating Officer and "TS" of the Duty Magistrate. Representative samples were also drawn and sealed accordingly. On the basis of this recovery and the statement of the complainant, a formal FIR was registered under the relevant provisions of the NDPS Act.

3. Contentions On behalf of the petitioner Learned counsel for the petitioner contends that the contraband involved in the instant FIR i.e. 23.310 Kg. Ganja is marginally over and above the commercial quantity. He further contends that he has been falsely implicated in the instant FIR on the concocted story of the police authorities without complying with Section 50 of NDPS Act. He has fur