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2021 Supreme(P&H) 1237

AVNEESH JHINGAN
Heera Lal – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Jatinder Singh Gill, 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 under Section 439 of Cr.P.C. seeking regular bail in FIR No. 95, dated 28th June, 2020, under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Khuian Sarwar, District Fazilka.

3. During routine patrolling on 28th June, 2020, the police party checked Heera Lal (petitioner) and from his possession 750 tablet of Tramadol Hydrochloride weighing to 306.93 grams were recovered.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 28th June, 2020. He further submits that investigation is complete and no recovery is to be made. The petitioner has no criminal antecedents.

5. Ms. Monika Jalota, Deputy Advocate General, Punjab, opposes the prayer for regular bail. She, on instructions from ASI Balwinder Singh submits that quantity recovered from the petitioner is commercial, challan stands presented but charges are yet to be framed. She fairly submits that petitioner is not involved in any other NDPS case.

6. The petitioner is in custody since 28th June, 2020. The investigation is

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