JAGTAR SINGH @ JEET Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Prayer in this petition under Sec. 483 of BNSS, 2023 is for the grant of regular bail in case FIR No.0096 dtd. 26/5/2023 under Ss. 22 and 25 of NDPS Act, 1985 registered at Police Station Khanna City-2, Police District Khanna, District Ludhiana.

(2.) The brief facts of the case are that Jatinder Singh (since granted bail vide order dtd. 12/12/2024 in CRM-M-38350-2024) and Jagtar Singh @ Jeet (petitioner) were apprehended with 2460 tablets having Diphenoxylate Hydrochloride Salt, 180 tablets having Aplrazolam Salt and 48 tablets having Paracetamol, Dicyclomine Hydrochloride and Tramadol Hydrochloride Salt.

(3.) The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The mandatory provisions of Ss. 42 and 50 of the NDPS Act have not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. As he was first-time offender, in custody for the last 01 year 11 months and 09 days and only 04 of the 12 prosecution witnesses had been examined so far, the trial of the present case was not likely to be concluded anytime soon and therefore, he was entitled to the concession of bail in view of the judgment of the Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan Versus The State of West Bengal, SLP (Crl) Nos.5769/2022 arising out of judgment and order dtd. 4/5/2022 in CRM(NDPS) No.442/2022, decided on 1/8/2022 and Hasanujjaman and others Versus The State of West Bengal, SLP (Crl.) No. (s).3221/2023 arising out of impugned final judgment and order dtd. 29/11/2022 in CRM(NDPS) No.1323/2022, decided on 4/5/2023, more so when his co-accused had already been granted the similar concession.