Mukhtiar Singh vs State Of Punjab

JASJIT SINGH BEDI, J.(ORAL)

The prayer in the present petition under Section 483 of BNSS, 2023 is for the grant of regular bail in case bearing FIR No.34 dated 28.02.2024 registered under Section 21 of the NDPS Act (Sections 25 & 29 of NDPS Act and Section 25 of Arms Act added later on) at Police Station Sadar Ferozepur, District Ferozepur.

The brief facts of the case are that Harish S/o Paramjit Singh was apprehended with 700 grams of heroin. Later, on the basis of his disclosure statement, one .32 bore illegal pistol and one mobile phone were also recovered. During the course of the investigation, it transpired that the Activa scooty on which Harish was travelling was registered in the name of Mukhtiar Singh (petitioner). On the basis of said fact, the petitioner was nominated as an accused.

The learned counsel for the petitioner contends that other than the fact that the Activa scooty belongs to the petitioner, there is absolutely no other evidence inculpating him to the commission of the offence in question. As he is a first-time offender, in custody since 25.06.2026 but only 02 of the 16 prosecution witnesses have been examined so far, the Trial of the present case is not likely to be concluded anytime soon and therefore, he is entitled to the concession of bail.

A short reply dated 21.09.2026 by way of an affidavit of Sukhwinder Singh, PPS, Deputy Superintendent of Police (City) Disrict Ferozepur has been filed on behalf of the State by the learned counsel for the State. The same is taken on record. While referring to the reply, he contends that Harish got recorded his disclosure statement to the effect that the petitioner had voluntarily for an amount of Rs. 10,000/-, agreed to hand over the scooty to Harish knowing that he was going to carry heroin. Therefore, the petitioner is not entitled to the concession as prayed for. He, however, concedes that is a first-time offender, in custody since 25.06.2026 but only 02 of the 16 of the prosecution witnesses have been examined so far.

I have heard the learned counsel for the parties.

Admittedly, the petitioner was not arrested at the spot when the contraband recovered. He was nominated as an accused later being the owner of the Activa Scooty. His culpability, if any, would be established during the course of the Trial. At this stage, a prima facie satisfaction under Section 37 of the NDPS Act that the petitioner has not committed an offence and is not likely to commit one in future. The petitioner is a first-time offender, in custody since 25.06.2026 but only 02 of the 16 prosecution witnesses have been examined so far. Therefore, the Trial of the present case is not likely to be concluded anytime soon. In this situation the further incarceration of the petitioner is not required.

Thus without commenting on the merits of the case, the present petition is allowed and the petitioner-Mukhtiar Singh S/o Khushi Ram is ordered to be released on bail subject to his furnishing bail bonds and surety bonds to the satisfaction of learned CJM/Duty Magistrate, concerned.

The petition stands disposed of.