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2022 Supreme(P&H) 787

VIKAS BAHL
Mohd. Nisar @ Happy – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. G.S. Sandhu, Advocate, for the petitioner., for the Appellant; Mr. Ramdeep Partap Singh, Sr. DAG, Punjab., for the Respondent

JUDGMENT

Vikas Bahl, J. (Oral) - This is the first petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.104 dated 03.08.2021, under Sections 22 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985, registered at Police Station City-1, Malerkotla, District Malerkotla.

2. Learned counsel for the petitioner as submitted that the petitioner has been in custody since 03.08.2021 and there are as many as 20 prosecution witnesses and none of them have been examined and even the charges have not been framed and thus, the trial is likely to take time.

3. It is also submitted that the petitioner is not involved in any other case.

4. Learned counsel for the petitioner has further submitted that in the present case, as per the version given in the FIR, the present petitioner was the person who was the pillon rider and co-accused of the petitioner, namely, Vaseem Iqbal was the person who was riding the motorcycle. It is argued that it is case of the prosecution that when the petitioner and co-accused saw the police, they tried to turn back the motorcycle and the petitioner had thrown a polythene bag on the ground on account of which, strips of intoxica

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