224 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 03.07.2025 JASPREET SINGH @ JASSI ...PETITIONER VERSUS STATE OF PUNJAB ... RESPONDENT CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL.

Present: Mr. Karanvir Singh, Advocate for the petitioner.

Mr. Jasjit Singh Rattu, DAG, Punjab.

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SANDEEP MOUDGIL, J (ORAL)

1. Relief The jurisdiction of this Court under Section 483 of BNSS, 2023 has been invoked seeking regular bail to the petitioner in FIR No. 515, dated 12.12.2024 under Sections 21 and 22 of NDPS Act, 1985, registered at P.S. City Barnala, District Barnala.

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

“Copy of Ruqa, "SHO Police Station City Barnala Fateh, Today, I SI alongwith SI Jagdev Singh 672/Barnala, SI Lovepreet Singh 900/ Barnala, Costable Harpinderjot Singh 988/ Barnala on a Government vehicle Scorpio bearing Registration No.PB-65BF-7694 which was being driven by Constable Gurpreet Singh 233/Barnala alongwith laptop, printer and investigation kit for patrolling and checking of suspects were going from under Bridge, Khudi Kalan and Grain Market Barnala towards Bus Stand Barnala. When the police party was about 100 meters away from water works in the Grain market then at about 07:35 PM, on the left side of the police party, two hair cut young boys were sitting beneath the light of street light pole which were seen searching for something by putting their hands in plastic polythene who on seeing the police party become nervous and tried to skip away. On apprehension, I SHO, got the vehicle stopped and apprehended both of them by taking help of collegues and enquired regarding their identity and the first one told his name to be Ravi Kumar son of Ajit Kumar resident of Sekha Road, Street no. 12, Barnala aged about 20 years, height 5 feet 9 inch, Muslim fashion, whitish colour and the other one told his name to be Jaspreet Singh @ Jassi son of Malkit Singh resident of Sekha Road, Street no.10, Barnala, aged about 23 years, height 5 feet 8 inch, Muslim fashion, whitish colour. Then I tried to join 2-3 passerbys who were crossing the Grain Market on the spot to join the police party, everybody showed their helplessness. Then I introduced separately about myself to the apprehended Ravi Kumar and Jaspreet Singh @ Jassi above that, "I Tek Chand is an Inspector in the Punjab Police and is posted as Investigating Officer at CIA Staff Barnala and I am dressed in my uniform as per my rank and have affixed my name plate. I apprehend that you have some intoxicating or prohibited substance in your possession. So, I want to search the polythene in your possession in the presence of any Gazetted Officer or Magistrate Sahi and if you wish then any oen of such officer can be called on the spot or both of you alongwith plastic polythene coloured black can be taken to anyone of such officers. Then Ravi Kumar and Jaspreet Singh @ Jassi replied randomly that they have heard and understood what I am saying and I can search both of them and the plastic polythene colour black which is in their possession. Thereafter, Ravi Kumar and Jaspreet Singh @ Jassi were randomly explained about notice under section 50 (i) NDPS Act and notice and consent memo were separately prepared Thereafter, I conducted the search of the plastic polythene coloured black which was in possession of Ravi Kumar and Jaspreet Singh @ Jass, as per law. Then from within the plastic polythene coloured black, a small transparent pouch containing white intoxicating substance was recovered and from that plastic polythene coloured black 2 strips of intoxicating tablets make Etiwill- 0.5 MD with misprint batch number were recovered. Thereafter, I SHO checked the recovered white intoxicating substance with the help of drug detection kit and found the white intoxicating powder to be heroine. The recovered intoxicating powder (Heroine) alongwith transparent pouch was found to be 20 grams. The parcel of recovered