SATYVEER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the petitioner in case bearing FIR No.160 dtd. 25/8/2024, registered for the offences punishable under Sec. 18-C of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') at Police Station Mandi Gobindgarh, Fatehgarh Sahib.

(2.) The gravamen of the allegations against the petitioner is that he is an accused of being involved in an FIR pertaining to NDPS Act involving 5 Kgs. of opium allegedly recovered from the petitioner and his co-accused on 24/8/2024 in the area of Anaj Mandi, Mandi Gobindgarh while they were going on motor cycle bearing registeration No.PB08-DA- 0857.

(3.) Learned counsel for the petitioner submits that the petitioner is 1 of 6 in custody since 24/8/2024. 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 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 01 year, 5 months and 20 days. Thus, regular bail is prayed for.