SUNNY ALIAS SHEHANSHAH @ SHANA 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.56 dtd. 20/5/2025, registered under Ss. 21, and 27(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sec. 29 of the NDPS Act and Sec. 111 of BNS, 2023 added lateron), at Police Station Taragarh, District Pathankot.

(2.) Brief facts as per the prosecution case are that on 20/5/2025, ASI Balkar Singh along with his fellow police officials was on patrolling duty and on suspicion, they apprehended Rohit Kumar, who was found in conscious possession of 16 grams of heroin and Rs.620.00 drug money. Initially, the FIR was registered against the said co-accused.

(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 further contends that neither the petitioner was present at the spot nor was named in the FIR. It has also been contended that the petitioner has been nominated as an accused only on the basis of the disclosure statement made by co-accused. 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 the co-accused during his custodial interrogation is not admissible. No recovery is to be effected from the petitioner. The petitioner is in custody since 20/9/2025. Learned counsel submits that 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.