Sukhdev Singh Alias Sukha v. State Of Punjab

CRM-M-55624-2025 -1- 







  
 


  



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1.

Prayer in this petition, filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), is for grant of regular bail to the petitioner in FIR No. 163 dated 11.05.2024, registered under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') and Sections 317(2), 346 of ! 

  

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6.

The petitioner was apprehended by a police party on 11.05.2024 along with co-accused Punam Kaur, and recovery of 275 grams of heroin was effected from them. FSL report has been received, as per which, the representative sample was found to be containing heroin. The quantity of the recovered contraband obviously falls within the ambit of commercial quantity. Hence, the rigors of Section 37 of the NDPS Act would certainly be attracted against the petitioner. As regards the arguments advanced by learned counsel for the petitioner with regard to non-compliance of the statutory provisions of the NDPS Act during investigation by the police party, the same have direct bearing on the merits of the case, which cannot be looked into at this stage while deciding a bail petition. Trial is going on and there is nothing on record to show that there would be any undue delay in conclusion of trial. The apprehension expressed by learned State counsel that the petitioner, if extended benefit of bail, may abscond or indulge in similar offences can also not be

CRM-M-55624-2025 -4stated to be unfounded. Keeping in view the aforesaid facts and circumstances, the quantity of recovered contraband, the quantum of sentence which the conviction may entail and the attendant facts and circumstances of the case, I am of the considered opinion that the petitioner does not deserve to be granted benefit of regular bail, at this stage. Hence, the petition is dismissed.
7.

It is made clear that the observations made hereinabove are only for the purpose of deciding the present petition and the same shall not be construed as an expression of opinion on the merits of the case. 8.

 

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