JUDGMENT : 

SUMEET GOEL, J.

Present second petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case bearing FIR No.153 dated 22.08.2024, registered for the offences punishable under Sections 21, 22 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station Sadar, District Hoshiarpur.

2. The gravamen of the FIR in question is that on 22.08.2024, ASI Satnam Singh of Police Station Sadar, Hoshiarpur, along with other police officials, was proceeding towards the Adamwal side in connection with patrolling duty and checking of suspicious persons. When the police party reached near Bhawani Nagar, they noticed two persons carrying polythene envelopes in their right hands. On noticing the police party, both persons threw the said polythene envelopes on the roadside and attempted to flee. On suspicion, they were apprehended by the police.

Upon inquiry, one of the apprehended persons disclosed his name as Ajay Kumar, son of Amrit Lal, resident of House No.447, Mohalla Kamalpur, Police Station Model Town, Hoshiarpur, while the other disclosed his name as Jagdeep Singh, son of Jasbir Singh, resident of House No. 413, Gali No. 13, Bishamber Nagar, Police Station Model Town, Hoshiarpur.

On checking the polythene envelope thrown by Ajay Kumar, 20 grams of intoxicant powder was recovered. Similarly, on checking the polythene envelope thrown by Jagdeep Singh, another 20 grams of intoxicant powder was recovered. Consequently, FIR under Section 22 of the NDPS Act was registered against both the accused.

During interrogation, accused Ajay Kumar made a disclosure statement stating that he had purchased the intoxicant powder from Deepak Kumar. Accordingly, Deepak Kumar was nominated as an accused and Section 29 of the NDPS Act was added. Deepak Kumar was arrested on 09.09.2024, and 15 grams of intoxicant substance was recovered from him.

Further, on the basis of the disclosure statement of Deepak Kumar, Krishna Kumra (petitioner herein) was nominated as an accused in the present case. Pursuant thereto, 460 grams of heroin along with Rs. 2,47,600/- as drug money was recovered from her.

3. Learned counsel for the petitioner has iterated that the petitioner is in custody since 13.09.2024. Learned counsel for the petitioner has further submitted that mandatory provisions of the NDPS Act have not scrupulously 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 01 year. Thus, regular bail is prayed for.

4. Learned State counsel has opposed the present petition by arguing that the allegations raised against the petitioner are serious in nature and, thus, the petitioner does not deserve the concession of the regular bail. Learned State counsel has further submitted that the instant bail plea is barred by the rigors of Section 37 of the NDPS Act, and thus, the same ought to be dismissed. Learned State counsel seeks to place on record custody certificate dated 08.01.2026, in the Court today, which is taken on record.

5. I have heard counsel for the rival parties and have gone through the available records of the case.

6. The petitioner was arrested on 13.09.2024 wherein after investigation was carried out and challan has been presented on 07.03.2025. Total 14 prosecution witnesses have been cited, out of which, none has been examined in part till date. Indubitably, conclusion of the trial will take long time. The rival contentions raised at Bar give rise to debatable issues, which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the