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Judgment
VIKRAM AGGARWAL, J. (Oral)
The prayer in the present petition preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) is for the grant of regular bail to the petitioner in case FIR No. 121, dated 30.06.2025, registered at Police Station Kot Ise Khan, District Moga, under Sections 22 and 29 of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short ‘the NDPS Act’.
Custody certificate dated 02.09.2026 filed today in Court is taken on record.
On 30.06.2025, Gagandeep Kaur @ Gaggo and Gurpreet Singh were apprehended. Gagandeep Kaur @ Gaggo was found to be in possession of 30 tablets of Etizolam, the weight of which came to 4.44 gms (commercial quantity). Gurpreet Singh was found to be in possession of 45 tablets of Alprazolam, the weight of which came to 5.53 gms (intermediate quantity). Gagandeep Kaur @ Gaggo in her disclosure statement, named the present petitioner, pursuant to which, the petitioner was arrested on 14.05.2026 and is in custody since then.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that apart from the disclosure statement of one Gagandeep Kaur @ Gaggo, there is no other evidence against the petitioner. He submits that antecedents of the petitioner are largely clean; investigation has been completed and the final report has been submitted on 29.08.2026 but charges are yet to be framed. He submits that there are 11 prosecution witnesses. He further submits that the trial will thus take a sufficiently long time to conclude, therefore, no useful purpose would be served by keeping the petitioner in custody any longer.
Per contra, learned State counsel has opposed the bail application, stating that one more case stands registered against her.
I have considered the submissions made by learned counsel for the parties.
Concededly, the petitioner was arrested on the basis of a disclosure statement of one Gagandeep Kaur @ Gaggo and pursuant to her arrest, no recovery has been made from her. At this stage, there is no other evidence to connect her with the offence. Investigation has been completed and the final report has been submitted. Framing of charges and conclusion of trial will take a sufficiently long time and therefore, no useful purpose would be served by keeping the petitioner in custody any longer.
In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on her furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate.