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2020 Supreme(P&H) 903

GURVINDER SINGH GILL
Hardeep Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. Gurinder Singh Goraya, Advocate for the Appellant; Ms. Rashmi Attri, AAG, Punjab. for the Respondent

JUDGMENT

Gurvinder Singh Gill. J. (Oral) - The petitioner seeks grant of regular bail in case registered vide FIR No.243 dated 5.10.2018 under Section 21 NDPS registered at Police Station Samrala District Ludhiana.

2. The case of the prosecution is that during the course of checking of suspicious elements, the police signalled a car to stop in which three persons were sitting namely the petitioner-Hardeep Singh, Sapinder Singh and Jagtar Singh @ Jagga. Since it was suspected that the said persons were carrying some contraband an offer under Section 50 of NDPS Act was extended to them and thereafter upon search of the petitioner, 400 grams of 'Herion' was recovered from the pocket of the trousers worn by petitioner, while 'Herion' weighing 300 grams each was recovered from other two persons.

3. Learned counsel submits that the petitioner has been falsely implicated in the present case and that in any case since Section 50 of NDPS Act has not been complied with in letter and spirit inasmuch as joint offer was extended and a joint consent memo was prepared, the entire recovery stands vitiated.

4. Opposing the petition, learned State counsel has submitted that since it is a case of reco

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