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2022 Supreme(P&H) 1105

SANT PARKASH
Balwinder Singh – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. Vipul Jindal, Advocate; for the Petitioner.; Mr. Arun Kaundal, Dag, Punjab; for the Respondent-State.

JUDGMENT

Sant Parkash, J. (Oral) - Prayer in this petition filed under Section 439 of the Code of Criminal Procedure, 1973 is for grant of regular bail to the petitioner, in case, FIR No. 19 dated 23.01.2021 registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act') at Police Station Chhehrata, District Amritsar.

2. As per the prosecution version, on 23.01.2021 the police party on the basis of secret information intercepted the accused-petitioner-Balwinder Singh, who was driving motorcycle along with his co-accused Harchand Singh, who was sitting on the pillion and on search recovery of 255 grams of heroin was made from black colour polythene packet in right pocket of the jacket worn by the petitioner.

3. The petition has been opposed by learned State Counsel. However, no reply has been filed on behalf of respondent/State.

4. I have heard learned Counsel for the parties and gonethrough the case file.

5. Learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. The recovery effected from the petitioner was marginally high of the commercial quantity. In case marginally

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