(1.) Prayer in the present petition filed under Sec. 483 BNSS is for grant of regular bail to the petitioner in case FIR No.101 dtd. 4/7/2022, registered under Sec. 22 (Sec. 29 added later on) at Police Station Subhanpur, District Kapurthala.
(2.) Learned counsel contends that the petitioner has been in custody for 2 years, 1 month and 21 days. He alleges false implication in the case. The alleged recovery of contraband effected from the petitioner is 265 grams of intoxicant substance-Alprazolam. No independent witness was joined in the present case. Though the charges have been framed on 5/8/2025, however, only 01 out of 9 prosecution witnesses has been examined. He is involved in two more cases under the NDPS Act, wherein he is on bail. Reliance is placed on the judgment passed by Hon'ble The Supreme Court titled as Maulana Mohd. Amir Rashadi vs. State of U.P. and others, 2012(2) SCC 382.
(3.) The custody certificate dtd. 10/12/2025, filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for 2 years, 1 month and 21 days.