Mohammad Shafik Alias Gappi v. State Of Punjab





   
   

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%%%  ()+$, '-  Petitioner, co-accused in case FIR No.246 dated 15.12.2023 registered against him, under Sections 489/201 IPC and Sections 25(6) (7)/54/59 of the Arms Act, 1959 and Section 192 of the Motor Vehicles Act and Sections 22/29 of the NDPS Act, at Police Station Baghapurana, District Moga, &"' (), has filed the present petition for grant of bail under Section 483 of BNSS.

 Relevant facts as emerging from documents on record be noticed hereinbelow:-
  



                 

              



     



 

 

    

 



  



 



   

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   formal case vide FIR No.246 dated 15.12.2023, u/s 489/201 IPC and Sections

  25(6)(7)/54/59 of the Arms Act, 1959 and Section 192 of the Motor Vehicles Act, P.S. Baghapurana, District Moga was registered. "   

  

  

   

                           

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3.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, statutory provisions under the NDPS Act were not complied with. False recovery of contraband has been planted on the petitioner. It is further the submission of learned counsel that two other similarly situated co-accused have been granted concession of bail by the coordinate Bench of this Court in terms of the orders dated 27.08.2025 passed in CRM-M-010(
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1! respectively. It has been prayed that similar treatment be meted out to the present petitioner. 4.

Per contra, while opposing the petition, learned State counsel submits that two other co-accused, who have been enlarged on bail and the petitioner, were apprehended at the place and one pistol and four live cartridges were recovered from the possession of the petitioner. It has further been the submission of learned State counsel that past-antecedents of the petitioner are far from satisfactory as he was stand convicted u/s 302 IPC. That apart it has further been pointed out that trial is near to completion, for out of 12 prosecution witnesses, 08 have been examined, 03 have been given up and only 01 remains to be examined. It has further been the submission of learned State counsel that rigors of Section 37 NDPS Act are also attracted. 5.

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