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2018 Supreme(P&H) 1287

DAYA CHAUDHARY
Bikramjit Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Respondents: Ms. Jaspreet Kaur, A.A.G., Punjab.

JUDGMENT :

DAYA CHAUDHARY, J.

1. The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to petitioner-Bikramjeet Singh in case FIR No. 47 dated 30.5.2017 registered under Sections 15/25/60/61/85 of NDPS Act at Police Station Bhikhi, District Mansa.

2. Pleaded that the petitioner has falsely been implicated in the case as contraband was recovered from the truck-trailer and provisions of Section 42 and 50 of NDPS Act have not been complied with. Further pleaded that the petitioner is in custody since the date of lodging of FIR i.e. 30.5.2017 and challan has already been presented in the case. As per allegations, the petitioner was driving the truck-trailer and three bags containing 25 kgs poppy husk each were recovered from the trailer. The petitioner is neither the owner of the truck-trailer nor recovery was effected from his conscious possession.

3. Learned counsel for respondent-State has opposed the submissions made by learned counsel for the petitioner. The petitioner was found in possession of 75 kgs of poppy husk without any licence or permit. Learned State counsel further submits that as per FSL report, Morphine and other Alkaloids of opium were f




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