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2023 Supreme(P&H) 237

SUVIR SEHGAL
Jaswant Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. Sandeep Siwach, Advocate for Mr. P.S. Dhaliwal.
For the Respondent: Mr. A.P.S. Tung, DAG, Punjab.

JUDGMENT :

Suvir Sehgal, J.

1. This is the 1st petition filed by the petitioner under Section 439 of Cr.P.C. for grant of regular bail in:-

FIR No.

Dated

Police Station

Sections

62

19.05.2021

Dhanaula, District Barnala

15, 25 and 29 of the NDPS Act, 1985

2. FIR, Annexure P-1, was registered when secret information was received that Harbhinder Singh, Dharminder Singh, Major Singh and Jaswant Singh (present petitioner), who had formed a gang were transporting poppy husk from another State in two different vehicles for sale in the State of Punjab. The vehicles were inercepted and recovery of 250 kgs of poppy husk was made.

3. Counsel for the petitioner submits that although recovery of 150 kgs of poppy husk was made from the vehicle being driven by the petitioner, but the vehicle does not belong to him. He argues that mandatory provisions of the NDPS Act have not been complied with at the time of search and seizure. Still further, it is his argument that the petitioner, who has clean antecedents, is in custody since 19.05.2021, deserves to be enlarged on bail as th

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