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2021 Supreme(P&H) 766

ARUN KUMAR TYAGI
Avtar Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr. P.S. Sekhon, Advocate, Mr. Dinesh Trehan, Advocate, for the Appellant; Mr. Bhupender Beniwal, Asstt. A.G., Punjab, for the Respondent

JUDGMENT

Arun Kumar Tyagi, J. (Oral). - The petitioner has filed the present (first) petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.262 dated 27.11.2019 registered under Sections 22, 25, 27 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') in Police Station Sadar Jagraon, District Ludhiana.

2. As per the prosecution version, on 27.11.2019, at about 10 A.M., the police party headed by ASI Surjit Singh present at Matt Chowk in the area of village Galib Kalan received secret information that Vicky Singh alias Vicky and Avtar Singh (the petitioner) are habitual of selling intoxicant tablets and are coming on motorcycle PB29AB-1869 and could be apprehended if nakabandi was conducted.

3. Nakabandi was accordingly conducted. After sometime co-accused Vicky Singh @ Vicky and the petitioner came on motorcycle who were apprehended by the police party and 7 boxes containing intoxicant tablets totaling 1400 tablets of Tramadol Hydrochloride were recovered from a plastic bag held by co-accused Vicky Singh @ Vicky.

4. The petitioner being in custody since his arrest has filed the present petitio

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