CAPTAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the instant petition filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is for grant of regular bail to the petitioner in case FIR No.0081 dtd. 23/4/2025 registered under Sec. 21-C/27-A, 29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Ajnala, District Amritsar Rural.

(2.) Brief facts of the present case are that as per the prosecution, on 23/4/2025, SI Lakhwinder Singh, along with his fellow police officials was on patrolling duty and on suspicion, apprehended two persons, namely, Sajan Masih and Harbhej Singh, who were found in conscious possession of 255 grams of heroin along with drug money of Rs.1,02,800.00 whereas one Daljit Singh managed to flee away from the spot. Hence, the present FIR.

(3.) Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case and he has no concern with the said offence. He argued that the petitioner was neither present at the spot nor was named in the FIR. It has also been contended that the petitioner was nominated as an accused on the basis of disclosure statement made by co-accused Sajan Masih. Apart from the disclosure statement, there is no other evidence to connect the petitioner with the offence in question and it is a trite law that disclosure statement of co-accused during his custodial interrogation is not admissible. He argued that as per the prosecution, recovery of 255 grams of heroin along with drug money of Rs.1,02,800.00 has already been effected from the co-accused and nothing is to be recovered from the petitioner. Moreover, the petitioner has clean antecedents as he is not involved in any other case. The petitioner is in custody since 23/4/2025. The investigation in the case is complete, challan stands presented and charges are yet to be framed and as such, the trial will take a long time to conclude and no useful purpose would be served by keeping him behind bars. Therefore, it is urged that the petition deserves to be allowed.