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2020 Supreme(P&H) 1819

MAHABIR SINGH SINDHU
Naseeb Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. K.P.S.Virk, Advocate, for the Appellant; Mr. H.S.Multani, AAG, Punjab for respondent No.1/State., Mr. Sumeet Goel, Advocate for the Respondent No.2-CBI

JUDGMENT

Mahabir Singh Sindhu, J. - Second petition has been filed under Section 439 of the Code of Criminal Procedure (for short 'Cr.P.C.') for grant of bail pending trial to the petitioner in FIR No.18 dated 09.11.2016, under Sections 21, 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), registered at Police Station SSOC Amritsar, District Amritsar.

2. As per prosecution case, 500 grams of Heroin as well as Indian Currency Notes (alleged drug money), amounting to Rs. 39,73,000/- were recovered from co-accused, namely, Abhishek Chetal on the basis of a secret information and he disclosed about the names of petitioner as well as other co-accused.

3. Contends that petitioner is in custody since 23.12.2016 and has been falsely implicated in the present case. Also contends that main accused Abhishek Chetal, from whom the alleged contraband was recovered, filed petition bearing CRM-M No.44010 of 2016 for transfer of investigation to CBI, which stands allowed vide order dated 30.01.2019 (P-l) by the co-ordinate Bench of this Court. Consequently, the proceedings before learned trial Court have been stayed and case is transferred to the CBI. Further

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