Bail granted considering lack of criminal antecedents and procedural flaws in the seizure.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with N.D.P.S.

Case No. 115 of 2025 arising out of Birpur P.S. Case No. 362 of 2025 dated 29.10.2025, instituted for the offence punishable under Sections 317(5) of the Bhartiya Nyaya Sanhita , 2023, Section 8 (c), 21(c), 22(a), 29 of the Narcotic Drugs and Psychotropic Substances Act , and Sections 25(1-b)a, 26 & 35 of the Arms Act .

3. The prosecution case, in short, is that on the alleged date of occurrence, the police personnel recovered one country made pistol, one loaded Magzine, eight bullets, 405 gram Brown Sugar and 40 capsules of Pyeevonspas from a Maruti Suzuki Car bearing Reg. No. BR-11BN-5317 which belongs to one Rampreet Mehta. The police went to the house of Rampreet Mehta to apprehend him, but he was not found there. In the meanwhile, the petitioner was apprehended and from whose possession, two mobile phones, one currency counting machine and two laptops were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the seized articles recovered from the car does not belong to the petitioner rather the registered owner of the car is one Rampreet Mehta. The police also raided the house of Rampreet Mehta wherefrom some incriminating articles were also recovered and the petitioner was found trying to flee away from there but he was arrested and from whose possession, some mobile phones, one currency counting machine and two laptops were recovered. It is further submitted that no narcotic drugs and psychotropic substances articles were recovered from the conscious possession of the petitioner. The petitioner has no concern with the articles which was said to be recovered from the possession of the petitioner. In fact, the articles were recovered from the house of Rampreet Mahto. It is next submitted that seizure list has been prepared without following the procedure laid down in Section 50 of the N.D.P.S. Act. Lastly, it has been submitted that the petitioner is in custody since 30.10.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Supaul in N.D.P.S. Case No. 115 of 2025 arising out of Birpur P.S. Case No.

362 of 2025.