PALWINDER SINGH @ PINDER BRAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this 3rd petition filed under Sec. 483 of the BNSS, 2023, is for grant of regular bail to the petitioner in FIR No.0254 dtd. 11/10/2022 registered under Ss. 21, 21-C of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') (Ss. 29, 25 of the NDPS Act, and Sec. 473 IPC added later on) at Police Station Special Task Force, Phase-4, S.A.S. Nagar (Mohali). The 2nd petition filed by the petitioner seeking the same relief was dismissed as withdrawn on 11/11/2024.

(2.) Learned counsel for the petitioner submits that this 3rd petition, seeking regular bail to the petitioner, has been filed with the changed circumstances as the case of the petitioner is squarely covered by the ratio of law laid down by the Hon'ble Supreme Court in Nandlal Mondal @ Abhay Mondal Vs. The State of West Bengal SLP (Crl.) No(s).12788/2023.

(3.) As per the prosecution case, the FIR (supra) was registered on the allegation that on 11/10/2022, the petitioner was apprehended and 2 Kgs and 930 grams of Heroin was recovered from his possession, which falls within the ambit of commercial quantity. Hence, the impugned FIR was registered.