SUKHWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present second petition has been filed under Sec. Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') regular bail to the petitioner in case bearing FIR No registered for the offences punishable under Sec. 21 Narcotic Drugs and Psychotropic Substances Act, 1985 (Ss. 21(C), 29 of the NDPS Act added later on) Patti, District Tarn Taran.

(2.) The gravamen of the FIR in question is that the petitioner is accused of being involved in FIR pertaining to NDPS Act involving grams of Heroin allegedly recovered from co-accused, namely, Kurinder singh alias chhida and 405 grams of heroin allegedly recovered from another co-accused , namely Jagjit singh alias Doctor; and the petitioner has been nominated in this case on the disclosure of said co-accused, thereafter, 500 grams of Heroin was allegedly recovered from the petitioner.

(3.) Learned counsel for the petitioner has iterated that the petitioner is in custody since 11/9/2023. Learned counsel for the petitioner has further submitted that the mandatory provisions of the NDPS Act have not scrupulously been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel for the petitioner has iterated that the trial is delayed and the liability thereof cannot be fastened upon the petitioner. Learned counsel has further iterated that the petitioner has suffered incarceration for about 02 years. Thus, regular bail is prayed for.