(1.) The present petition preferred on behalf of the petitioner under Sec. 483 of BNSS 2023 for grant of regular bail in case bearing FIR No.29 dtd. 26/3/2023, registered for the offences punishable under Ss. 21, 23, 27A, 29,61, 85 of the NDPS Act, Sec. 66(F) of Information Technology Act, 2005 and Sec. 25/54/59 of Arms Act, 1959, at Police Station Kalanaur, District Gurdaspur.
(2.) The gravamen of the FIR in question is that the petitioner is an accused of being involved in an FIR pertaining to NDPS Act and Arms Act involving alleged recovery of six pistols, seven magazines alongwith 77 bullets and Rs.35,70,000.00 of drug money as well from the accused in the FIR in question.
(3.) Learned counsel appearing for the petitioner has submitted that the petitioner was arrested on 11/4/2023. Learned counsel for the petitioner has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel for the petitioner has further argued that mandatory provisions of NDPS Act/Cr.P.C have not been complied with while effecting recovery and, thus, the petitioner cannot be said to be connected with the same in any manner whatsoever. Learned counsel for the petitioner has further argued that the petitioner is in custody for more than 2 years. He has placed reliance upon an order passed by Hon 'ble Supreme Court on 28/4/2025 in SLP (Crl.) No.3502 of 2025 granting regular bail to co-accused namely Jaswinder Singh @ Kala, relevant whereof, reads as under: