SARABJIT SINGH @ SABI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition is the second attempt, which 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.45 dtd. 5/5/2024, registered for the offences punishable under Ss. 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Sec. 25 of the Arms Act, at Police Station Kalanaur, District Gurdaspur.

(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 1 Kg of heroin and one pistol alongwith 12 live cartridges, which were allegedly recovered from the petitioner.

(3.) Learned counsel for the petitioner has iterated that the petitioner is in custody since 5/5/2024. 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 more than 9 months. Thus, regular bail is prayed for.