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2022 Supreme(P&H) 21

VIKAS BAHL
Sushil Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. H.S. Brar, Senior Advocate, with Mr. Sumeetpal Singh Sidhu, Advocate
For the Respondent: Mr. Sarabjit S. Cheema, AAG

JUDGMENT :

Vikas Bahl, J.

1. This is the second petition under Section 439 of Cr.P.C. for grant of regular bail in FIR No.227 dated 19.10.2020, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act') (Section 29 of the NDPS Act added later on), registered at Police Station Sadar Patti, District Tarn Taran.

2. The case of the prosecution is that the recovery of 1250 intoxicant tablets was made from one Balwant Singh and the said Balwant Singh has named the present petitioner in his disclosure statement, on the basis of which, the petitioner has been arrested in the present case and has been in custody since 20.10.2020.

3. Learned Senior counsel for the petitioner has submitted that the petitioner has solely been implicated on the basis of the disclosure statement made by co-accused Balwant Singh and no recovery has been effected from the present petitioner and in fact, there is no incriminating evidence against the petitioner other than the said disclosure statement.

4. Learned Senior counsel for the petitioner has relied upon the upon the judgment passed in CRM-M-12051-2020, by a Co-ordinate Bench of this Court dated 17.06.2020 t

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