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2021 Supreme(P&H) 1335

ARUN KUMAR TYAGI
Sher Chand – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Dilraj Singh Bhinder, Advocate, Sidakmeet Singh Sandhu, Advocate

JUDGMENT

Arun Kumar Tyagi, J. - The petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.52 dated 25.02.2021 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') at Police Station City Jalalabad, District Fazilka.

2. Briefly stated, case of the prosecution against the petitioner is that on 25.02.2021 police party headed by ASI Des Singh was on patrolling duty. When the police party reached near Sonia Petrol Pump, City Jalalabad they saw the petitioner, holding one black plastic bag in his hand, standing on south end of the Petrol Pump. On seeing the polity party he tried to run away after throwing the polythene bag towards the wall of the petrol pump. The police apprehended him and on search as per prescribed procedure 360 intoxicating tablets containing Tramadol Hydrochloride were recovered from the polythene bag.

3. The petitioner being in custody since 25.02.2021 has filed the present petition for grant of regular bail.

4. The petition has been opposed by learned State Counsel. However, no reply has been filed by the respondent-State.

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