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2021 Supreme(P&H) 5

VIVEK PURI
Didar Singh @ Dari – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rahul Bhargava, Advocate
For the Respondent:Mr. Venu Gopal Jauhar, Sr. Deputy Advocate General, Punjab.

JUDGMENT :

VIVEK PURI, J.

1. The matter has been taken up through video-conferencing due to COVID-19 pandemic.

2. Through instant petition, the petitioner is seeking regular bail in case bearing FIR No.168 dated 12.09.2018 registered under Section 22 of the Narcotics Drugs and Psychotropic Substances Act (for short the 'NDPS Act') at Police Station Beas, Amritsar Rural, District Amritsar.

3. Briefly, the aforesaid FIR has been registered in pursuance of recovery of 870 tablets of Alprazolam from the possession of the petitioner.

4. Custody certificate of the petitioner has been placed on record.

5. It has been argued by learned counsel for the petitioner that the petitioner has been falsely implicated in the instant case and was lifted from the Court Complex, Amritsar. Furthermore, the mandatory provisions of Section 50 of the NDPS Act have not been complied with.

6. On the contrary, it has been argued by learned State counsel that the average weight of the tablet(s) recovered from the possession of the petitioner is 256 mg and the total weight comes to 222.72 grams which falls in the category of commercial quantity. Furthermore, the petitioner is involved in 18 other cases, thought

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