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2021 Supreme(P&H) 1374

AVNEESH JHINGAN
Sukhdeep Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Ashok Paul Batra, Advocate, Monika Jalota, Advocate

JUDGMENT

Avneesh Jhingan, J. - The matter is taken up for hearing through video conference due to COVID-19 situation.

2. This is a petition seeking regular bail in case of FIR No.0170 dated 25.11.2020, under Section 15 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Bahavwala, District Fazilka.

3. Police received a secret information that Jaswant Singh, Sukhdeep Singh and Rajwinder Singh are in habit of bringing Poppy husk from Rajasthan and sell the same in Punjab. Acting on information, vehicle bearing registration No. RJ-07-GB-0677 was checked and recovery of 80 kgs of Poppy Husk was made.

4. Learned counsel for the petitioner submits that the petitioner had only taken a lift in the said vehicle. He had no criminal antecedents. He is in custody since 25.11.2020. No recovery is to be made.

5. Learned State counsel opposes the grant of bail and submits that the recovery is of commercial quantity. She on instructions submits that the investigation is complete and challan stands presented.

6. The case set up by the petitioner is that he had taken lift in the apprehended vehicle. He is not involved in any other FIR. He is a young boy of 20 years

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