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2020 Supreme(P&H) 1091

SUDIP AHLUWALIA
Rakesh Kumar @ Sannu – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Munish Puri, Advocate, B.S. Sewak, Advocate

JUDGMENT

Sudip Ahluwalia, J. - This is the second petition filed under Section 439 Cr.P.C. on behalf of the petitioner for regular bail in case FIR No.134 dated 13.11.2019, under Sections 21, 22 & 29 of the N.D.P.S. Act, registered at Police Station Division No.2, District Pathankot.

2. The petitioner was arrested on 13.11.2019. The contrabands recovered from him in the form of 600 Tablets of Moni Plus (containing Alprazolam weighing 76.2 grams) and 290 Capsules of Ridley (containing Tramodol weighing 184 grams), are both below the commercial quantity, while Heroin weighing 4 grams is of small quantity.

3. The custody certificate of the petitioner goes to show that he is involved in one more case under the N.D.P.S. Act, but surprisingly FIR in that particular case was also drawn up on the very same date on which the petitioner was arrested, i.e., on 13.11.2019, although the FIR relates to a different Police Station (Taragarh) of the same District. The petitioner obviously could not have been arrested on the same date in a separate FIR.

4. After completion of investigation challan against the petitioner has already been submitted and charges framed by the Trial Court.

5. But thereaft

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