JUDGMENT

Vivek Puri, J. (Oral) - Rupinder Singh-petitioner is seeking regular bail in the case bearing FIR No. 63 dated 21.06.2019, under Section 15 of NDPS Act, 1985, registered at Police Station Sadar Kotkapura, District Faridkot.

2. Briefly, as per the allegations of the prosecution, Shaminder Singh-co-accused was driving the Canter and the petitioner was sitting on the conductor seat. Checking of the vehicle was carried out and 4 bags of Poppy husk,each containing 20 Kg (total 80 Kg of poppy husk) have been recovered.

3. It has been contended by the learned counsel for the petitioner that the petitioner is in custody for the last more than two and a half years, he is not involved in any other case, joint offer was given to both the accused and as such, the mandatory provisions of Section 50 of the NDPS Act have not been complied with. Furthermore, the petitioner is neither the owner nor working as driver of the Canter. The co-accused who was driving the Canter has been granted concession of bail by this Court in terms of order dated 06.12.2021 passed in CRM-M-37932-2021.

4. Learned State counsel has not disputed the fact that a joint non-consent memo of both the petitioner and the