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2022 Supreme(P&H) 1802

VIKAS BAHL
Kulwinder Kaur – Appellant
Versus
Kulwinder Kaur – Respondent


Advocates appeared:
Mr.G.S.Sandhu, Advocate for Mr.P.K.S.Phoolka, Advocate, for the Appellant; Mr. Sarabjit Singh Cheema, AAG, Punjab., for the Respondent

JUDGMENT

Vikasbahl, J. - This is a first petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.0036 dated 08.03.2021 registered under Section 22(C)/61/85 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act') at Police Station Sangat, District Bathinda.

2. Learned counsel for the petitioner has submitted that the petitioner is a 65 year old lady, who is suffering from severe health problems and her vision is very weak and to substantiate the same, has relied upon the medical report (Annexure P-2). It is further submitted that the petitioner was arrested on 08.03.2021 and she has been in cusody for more than last 1 year and 2 months and out of 11 prosecution witnesses, none have been examined and thus, the trial is likely to take time. It is further submitted that as per the FIR, the petitioner along with another lady were walking and on the basis of suspicion, they were apprehended and from each of them 114 grams of Alprazolam was recovered. It is stated that as per the allegations in the FIR, the petitioner was carrying the said substance in a transparent plastic bag. It is also stated that it is highly unlikely for a person wh

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