SANDEEP SHARMA @ LOVELY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner seeking grant of regular bail in case bearing FIR No. 32 dtd. 6/5/2025 registered under Ss. 22(C) of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'NDPS Act') (Sec. 29 of NPDS Act added later on) at Police Station Dhilwan, District Kapurthala, Punjab.

(2.) As per the allegations, on 6/5/2025, on receipt of a secret information, accused Amar Malik and Gurpreet Singh @ Gopi were apprehended by police party and recovery of 400 grams of heroin kept in a black polythene bag in the pocket of trousers of accused Aman Malik, was effected. The above named accused were formally arrested. They were interrogated and suffered disclosure statements that the recovered contraband was to be supplied to the petitioner. The petitioner was nominated as an accused and was arrested on 7/5/2025. Investigation now stands completed.

(3.) It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He was not named in the FIR. He has been in custody since 7/5/2025. The disclosure statement of the co-accused thereby nominating him as accused cannot be considered to be admissible in evidence. No recovery has been effected from him. His further incarceration would not serve any useful purpose. Investigation and trial would take considerable time to conclude. It is, therefore, urged that he deserves to be released on bail.