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2019 Supreme(P&H) 554

DAYA CHAUDHARY
Gurnam Singh @ Gama – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:Mr. Vipul Jindal, Advocate for the petitioner.
Mr. Sarabjit Singh Cheema, AAG, Punjab for the respondent -State.

JUDGMENT

Ms. Daya Chaudhary, J. (Oral) - This is the second petition filed by petitioner-Gurnam Singh @ Gama under Section 439 Cr.P.C. for grant of regular bail to him in case FIR No.14 dated 03.02.2017 registered under Sections 15/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Khamano, District Fatehgarh Sahib.

2. Learned counsel for the petitioner submits that the petitioner was not present at the spot and was not arrested. Even the petitioner has not been shown to have run away from the place of occurrence. No connecting evidence has been collected by the Investigating Agency. The petitioner was undergoing custody in some other case of NDPS Act. Learned counsel further submits that the charges have been framed but no witness has been examined so far. All the witnesses are official witnesses and there is no possibility that the petitioner may influence the witnesses or tamper with the evidence. Learned counsel also submits that at the time of dismissal of earlier petition, a wrong statement was made by learned State counsel that out of 17 witnesses, 5 have been examined whereas at that time, even charges were not framed.

3. Learned State co



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