CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 04-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Bairganiya PS Case No. 152 of 2023 dated 21-06-2023, instituted for the offence punishable under Sections 399 , 402 and 414 of the Indian Penal Code , Sections 8 / 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short ‘the N.D.P.S. Act’) and Sections 25(1-b)a/26/35 of the Arms Act .

3. The allegation is of recovery of 1.610 kg of Charas like substance, a country-made pistol with three live cartridges, and a mobile phone from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the instant case. It is further submitted that the petitioner has no concern with the alleged offence or the recovered charas-like substance and the seized articles do not belong to him. It is next submitted that till date no F.S.L. report has been produced or received to ascertain the nature of the alleged contraband. In the absence of such report, the continuation of the petitio