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2022 Supreme(P&H) 1540

AMAN CHAUDHARY
Avtar Singh Sangha – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr.BK Saini, Advocate for the petitioner Mr.MS Atwal, DAG, Punjab

JUDGMENT

Aman Chaudhary, J. - The present petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.61, dated 14.4.2022, registered under Section 18 of NDPS Act (Section 29 NDPS Act added later on) at Police Station Baghapurana, District Moga.

2. Succinctly, the facts of the case are that the petitioner was apprehended by ASI Varinder Kumar, while he was driving a car bearing registration No. PB-65-H-3183 and found in conscious possession of one kg. Opium, wrapped in an envelop without any permit or license and also Rs.400/- was recovered from the petitioner. After following the due procedure of the recovery under NDPS Act, the petitioner was arrested on 14.4.2022. He made a disclosure statement on 15.4.2022, wherein he specifically told to the police about time, place, recovery and registration of vehicle allegedly used in the crime by co-accused Lakhwinder Singh. After investigation in the matter, final report under Section 173 Cr.P.C. has been presented in the Court.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The alleged recovery of 1 kg opium falls under the c

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