VISHAL @ SHELLY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present second 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.85 dtd. 18/8/2024, registered for the offences punishable under Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Ss. 25 and 27 of the Arms Act, at Police Station Kulgarhi, District Ferozepur.

(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 05 grams of heroin alongwith drug money of Rs.12,90,000.00 and one .315 bore pistol alongwith 7 live cartridges, which were allegedly recovered from the petitioner and his co-accused namely Sonu.

(3.) Learned counsel for the petitioner has iterated that the petitioner is in custody since 19/8/2024. Learned counsel appearing for the petitioner has submitted that the petitioner has been falsely implicated into the FIR in question. Learned counsel appearing for the petitioner has further submitted that the prime basis of involving the petitioner into the FIR in question is his confessional statement made in another FIR, which is not tenable in law. Learned counsel for the petitioner has further submitted that the mandatory provisions of the NDPS Act have not been scrupulously complied with, and thus, the prosecution case suffers from inherent defects. Learned counsel for the petitioner has further urged that a somewhat similarly placed co-accused namely Sonu has been extended the concession of regular bail by this Court vide order dtd. 7/4/2026 passed in CRM-M-5168-2026 (Annexure P-4). 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 one year and seven months. Thus, regular bail is prayed for.