MOHIT SHUKLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case FIR No.17 dtd. 30/1/2026, under Ss. 21, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Sec. 29 of NDPS Act added later on), registered at Police Station Koom Kalan, District Ludhiana.

(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 involving 273 grams of heroin, 61 grams of Ice (methamphetamine) and Rs, 60,000/- allegedly found in the possession of co-accused, namely Tanveer Singh @ Dhana, and the petitioner has been nominated, in this case, on the disclosure of said co-accused.

(3.) Learned counsel for the petitioner has iterated that the petitioner is in custody since 3/3/2026. Learned counsel for the petitioner has further submitted that the mandatory provisions of the NDPS Act have not been complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel has further iterated that sole basis to array the petitioner as an accused is the disclosure statement of co-accused, namely Tanveer Singh @ Dhana. Learned counsel has further iterated that the petitioner has suffered incarceration for more than 2 months. Thus, regular bail is prayed for.