JUDGMENT

Arun Monga, J. (Oral) - The petitioner is seeking regular bail in FIR No.329 dated 16.11.2019 under Section 18 of NDPS Act (Section 29 of NDPS Act added vide DDR No. 11 dated 27.11.2019), registered at Police Station Model Town, District Hoshiarpur.

2. As per allegations in the FIR, 3 KGs of Opium was recovered from the car which was being driven by the petitioner.

3. Learned counsel for the petitioner submits that petitioner was not named in the FIR nor any recovery has been effected from him. He was not arrested at the spot. He has been named as an accused with the aid of Section 29 of NDPS Act, which was added vide DDR No. 11 dated 27.11.2019 on a disclosure statement made by co-accused Sanjeev Kumar @ Billa.

4. Learned counsel for the petitioner further submits that recovery in the present case being 3 KGs is marginally more than the prescribed quantity of 2.5 kgs. He further submits that as per the FIR itself, the weight of 3 Kgs of the recovered substance also includes the weight of the bag from which it was recovered from the co-accused of the petitioner.

5. Notice of motion.

6. Mr. Rana Harjasdeep Singh, DAG, Punjab, who has joined proceedings on service of advance