CRM-M-73597 v. State of Punjab

MANDEEP PANNU HON'BLE MS. JUSTICE MANDEEP PANNU Present: , Advocate for the petitioner. Mr. Piyush Sharma, Advocate for the petitioner. Mr. . Mr. Sahil Chowdhary, AAG Punjab. Mr. -.- MANDEEP PANNU J. (Oral) MANDEEP PANNU J.

1. This is the first petition under Section 483 of the Bharatiya Nagrik This is the first petition under Section 483 of the Bharatiya Nagrik This is the first petition under Section 483 of the Bharatiya Nagrik This is the first petition under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. Suraksha Sanhita, 2023 for grant of regular bail to the petitioner in case FIR No. 34 dated 28.02.2024

28.02.2024, initially registered under Section 21 of Narcotic Drugs and , initially registered under Section 21 of Narcotic Drugs and Act, 1985 (Sections 25 and 29 of NDPS Act and Section Psychotropic Substances Act, 1985 (Sections 25 and 29 of NDPS Act and Section Act, 1985 (Sections 25 and 29 of NDPS Act and Section Psychotropic Substances 25 of Arms Act added later) registered at Police Station 25 of Arms Act added later) Sadar Ferozepur, District registered at Police Station Sadar Ferozepur, District Ferozepur.

2. The case of the prosecution, in brief, is that on 28.02.2024, the Station The case of the prosecution, in brief, is that on 28.02.2024, the Station The case of the prosecution, in brief, is that on 28.02.2024, the Station The case of the prosecution, in brief, is that on 28.02.2024, the Station on Sadar Ferozepur along with other police officials House Officer of Police Station Sadar Ferozepur along with other police officials on Sadar Ferozepur along with other police officials House Officer of Police Stati was present on patrol duty in the area. While the police party was near the wall of was present on patrol duty in the area. While the police party was near the wall of was present on patrol duty in the area. While the police party was near the wall of was present on patrol duty in the area. While the police party was near the wall of the Markfed office situated on Malwal Road, a secret informer approached and the Markfed office situated on Malwal Road, a secret informer approached and the Markfed office situated on Malwal Road, a secret informer approached and the Markfed office situated on Malwal Road, a secret informer approached and s Guli were involved in selling heroin informed that Harish, Rahul and Bobby alias Guli were involved in selling heroin s Guli were involved in selling heroin informed that Harish, Rahul and Bobby alia and that they were coming from the side of village Satiye Wala towards Basti and that they were coming from the side of village Satiye Wala towards Basti and that they were coming from the side of village Satiye Wala towards Basti and that they were coming from the side of village Satiye Wala towards Basti 2580 carrying a huge Nizamdeen on a scooter bearing registration No. PB-05-AL-2580 carrying a huge Nizamdeen on a scooter bearing registration No. PB Nizamdeen on a scooter bearing registration No. PB as sent to the police quantity of heroin. Acting upon the said information, a ruqa was sent to the police quantity of heroin. Acting upon the said information, a ruqa w quantity of heroin. Acting upon the said information, a ruqa w TRIPTI SAINI 2026.03.06 12:53 I attest to the accuracy and integrity of this document CRM-M-73597- -2025 (O&M) -2- station for registration of the FIR under Section 21 of the NDPS Act. station for registration of the FIR under Section 21 of the NDPS Act. station for registration of the FIR under Section 21 of the NDPS Act. station for registration of the FIR under Section 21 of the NDPS Act. During the course of Consequently, the present FIR came to be registered. During the course of Consequently, the present FIR came to be registered. Consequently, the present FIR came to be registered. investigation, Sections 25 and 29 of the NDPS Act and Section 25 of the Arms Act investigation, Sections 25 and 29 of the NDPS Act and Section 25 of the Arms Act investigation, Sections 25 and 29 of the NDPS Act and Section 25 of the Arms Act investigation, Sections 25 and 29 of the NDPS Act and Section 25 of the Arms Act The petitioner was arrested on 21.05.2025 and has been in custody were added. The petitioner was arrested on 21.05.2025 and has been in custody The petitioner was arrested on 21.05.2025 and has been in custody The petitioner was arrested on 21.05.2025 and has been in custody since then.

3. Learned counsel for the petitioner submits that the petitioner has been Learned counsel for the petitioner submits that the petitioner has been Learned counsel for the petitioner submits that the petitioner has been Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and nothing was recovered from his falsely implicated in the present case and nothing was recovered from his falsely implicated in the present case and nothing was recovered from his falsely implicated in the present case and nothing was recovered from his conscious possession. It is further contended that conscious possession. accused, namely, Harish It is further contended that the co-accused, namely, Harish and Rahul, have been granted the concession of and Rahul, have been granted the dinate concession of regular bail by a Co-ordinate and, therefore, the petitioner is entitled to the concession of Bench of this Court and, therefore, the petitioner is entitled to the concession of and, therefore, the petitioner is entitled to the concession of Bench of this Court s also submitted that the petitioner has been in bail on the ground of parity. It is also submitted that the petitioner has been in s also submitted that the petitioner has been in bail on the ground of parity. custody since 21.05.2025 and the trial of the case is likely to take considerable custody since 21.05.2025 and the trial of the case is likely to take considerable custody since 21.05.2025 and the trial of the case is likely to take considerable custody since 21.05.2025 and the trial of the case is likely to take considerable time to conclude. time to conclude.

4. , learned State counsel opposes the prayer for bail and Per contra, learned State counsel opposes the prayer for bail and , learned State counsel opposes the prayer for bail and Per contra the petitioner are serious in nature as they submits that the allegations against the petitioner are serious in nature as they the petitioner are serious in nature as they submits that the allegations against to offences under the NDPS Act. However, it is not disputed that nothing pertain to offences under the NDPS Act. However, it is not disputed that nothing to offences under the NDPS Act. However, it is not disputed that nothing to offences under the NDPS Act. However, it is not disputed that nothing has been recovered from the possession of the present petitioner and that the main has been recovered from the possession of the present petitioner and that the main has been recovered from the possession of the present petitioner and that the main has been recovered from the possession of the present petitioner and that the main accused namely, namely, Harish and co-accused, namely, Rahul already been granted accused, namely, Rahul have already been granted the concession of regular bail by a co-ordinate Bench the concession of regular Learned State ordinate Bench this Court. Learned State counsel further submits that three other cases of similar nature are pending counsel further submits that three against cases of similar nature are pending against the petitioner.

5. learned counsel for the parties and have gone through the I have heard learned counsel for the parties and have gone through the learned counsel for the parties and have gone through the I have heard record.

6. The petitioner has been in custody since 21.05.2025. It is not disputed The petitioner has been in custody since 21.05.2025. It is not disputed The petitioner has been in custody since 21.05.2025. It is not disputed The petitioner has been in custody since 21.05.2025. It is not disputed that no recovery has been effected from the possession of the present petitioner. It that no recovery has been effected from the possession of the present petitioner. It that no recovery has been effected from the possession of the present petitioner. It that no recovery has been effected from the possession of the present petitioner. It TRIPTI SAINI 2026.03.06 12:53 I attest to the accuracy and integrity of this document CRM-M-73597- -2025 (O&M) -3- accused, namely Harish and Rahul have is also a matter of record that the co-accused, namely Harish and Rahul have accused, namely Harish and Rahul have is also a matter of record th ordinate Bench of this Court. already been granted the concession of bail by a Co-ordinate Bench of this Court. already been granted the concession of bail by a Co already been granted the concession of bail by a Co

7. As As As As regards regards regards regards submission of submission of submission of submission of learned State learned State learned State learned State counsel counsel counsel counsel petitioner is involved in more criminal cases, reference is placed petitioner is involved in upon the judgment of , reference is placed upon the judgment of Maulana Mohd. Amir Rashadi Vs. State of U.P. and the Hon'ble Supreme Court in ‘Maulana Mohd. Amir Rashadi Vs. State of U.P. and Maulana Mohd. Amir Rashadi Vs. State of U.P. and the Hon'ble Supreme Court in ‘