HARDEEP SINGH @ DEEPU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this 2nd petition filed under Sec. 483 of the BNSS, 2023, is for grant of regular bail to the petitioner in FIR No.28 dtd. 23/2/2024 registered under Sec. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act') (Sec. 21(c) of the NDPS Act added later on) and Sec. 25 of the Arms Act, 1959 at Police Station Shahkot, District Jalandhar.

(2.) Brief facts of the case are that on 23/2/2024, the police party headed by ASI Buta Ram, on the basis of a secret information, apprehended accused Akashdeep alias Musa, Sukhpreet Singh alias Sukh and Hardeep Singh alias Deepu. The search of kit bag carried by Sukhpreet Singh led to the recovery of 302 grams of Heroin and one country-made pistol of .32 bore along with 02 live cartridges of .32 bore. Thereafter, the search of Akashdeep alias Musa led to the recovery of one countrymade pistol of 32 bore along with two live cartridges of 32 bore. The search of accused Hardeep Singh alias Deepu (petitioner herein) led to the recovery of 01 country-made pistol of .32 bore along with 02 live cartridges of .32 bore.

(3.) Learned counsel for the petitioner, inter alia, contends that admittedly the alleged contraband was recovered from the exclusive and conscious possession of co-accused Sukhpreet Singh. The recovery of one country-made pistol .32 bore is alleged to have been effected from the petitioner whereas recovery of two country-made pistols have been effected from co-accused Baljinder Singh. Learned counsel for the petitioner has relied upon the order dtd. 22/8/2024 (Annexure P-2), passed by learned Judge, Special Court, Jalandhar granting regular bail to similarly situated co-accused Baljinder Singh @ Jashan. The case of the petitioner is identical and at par with co-accused Baljinder Singh, as such, on the ground of parity, the petitioner is also entitled for bail. Although the petitioner is involved in other cases also but he has either acquitted or has undergone his sentences in all those cases.