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SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita seeking grant of regular bail to the petitioner in case bearing FIR No.121 dated 02.06.2025, registered for the offences punishable under Sections 21(c), 25 and 29 of the NDPS Act and Section 25 of the Arms Act at Police Station Lopoke, District Amritsar Rural.

2. The gravamen of the FIR in question reflects that ASI Sukhwinderjit Singh, alongwith a police team was on patrol duty near T-Point Dalle Ke Sahura Road, Police Station Lopoke, District Amritsar (Rural), in official vehicle. During patrolling, a secret informer informed that three persons namely Jodhbir Singh @ Kohli, Buta Singh @ Vishal and Karanbir Singh @ Karan (petitioner herein) were engaged in the illegal trade of Diacetylmorphone (Heroin) and illegal ammunition and were coming on a Swaraj Tractor (Blue) bearing No.PB-30AB-4646 with a trolley from village Dalle via kacha Path to deliver the contraband. The police team immediately conducted a raid and apprehended the three suspects on the said route. After informing them of their legal rights under Section 50 of NDPS Act and upon their request, Sh. Inderjit Singh, DSP, Sub-Division Raja Sansi (Gazetted Officer) was called to the spot. In the presence of the said Gazetted officer, from the black bag of accused Jodhbir Singh, 1.5 kgs of Heroin was recovered, from accused Buta Singh, 540 grams of Heroin in a polythene bag was recovered and from accused Karanbir Singh (petitioner herein), one pistol (Made in Austria) was recovered from his undergarment. All the recoveries were sealed with seals “SS” and “IS”. The accused persons were arrested and the case property including the tractor and trolley was taken into police possession. Accordingly, the instant FIR was registered and investigation ensued.

3. Learned counsel for the petitioner has iterated that the petitioner is a young man aged about 19 years and has been falsely implicated into the FIR in question as he has no connection whatsoever with the alleged recovery of narcotic substance. Learned counsel has further iterated that no contraband has been recovered from the conscious possession of the petitioner and the entire recovery of commercial quantity of heroin has been effected from the co-accused & only a pistol without any ammunition has allegedly been recovered. It has been further submitted that no independent witness was joined at the time of alleged recovery which creates a serious doubt about the credibility of the investigation. Furthermore, the entire case rests upon official witnesses which make the prosecution story highly doubtful. It has been further contended that the petitioner has been in custody since 02.06.2025, the investigation is complete and challan has already been presented. The trial is likely to take considerable time to conclude and in such circumstances, the continued incarceration would serve no useful purpose. On the strength of aforesaid submissions, the grant of petition in hand is entreated for.

4. Per contra, learned State counsel has vehemently opposed the grant of bail to the petitioner by arguing that the instant case involves recovery of commercial quantity of contraband thereby attracting the stringent provisions of Section 37 of the NDPS Act. According to learned State counsel, 01 kg 500 grams of heroin has been recovered from co-accused namely Jodhbir Singh @ Kohali and 540 grams from co-accused Buta Singh @ Vishal, which clearly falls within the category of commercial quantity and the petitioner was apprehended at the spot alongwith them on the basis of credible secret information. Learned State counsel has emphasized that the presence of the petitioner at the spot alongwith co-accused, who were found in possession of huge quantity of heroin coupled with the recovery of illegal firearm (Glock pistol) from him prima facie establishes his active participation in the illegal trade and