Dalbir Singh @ Kalu vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 2067

JASGURPREET SINGH PURI
Dalbir Singh @ Kalu – Appellant
Versus
State of Punjab – Respondent

Advocates appeared:
Mr. Vipul Jindal, Advocate, for the Appellant; Mr. Kunal Vinayak, AAG, Punjab., for the Respondent

JUDGMENT

Jasgurpreet Singh Puri, J. (Oral) - The present petition has been filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.274 dated 04.12.2018, under Section 22 of the NDPS Act, 1985, registered at Police Station Kotwali, Kapurthala.

2. It has been submitted by the learned counsel for the petitioner that the petitioner is in custody since 29.03.2022. He submitted that it is a case where as per the prosecution story, the police party was patrolling and they saw the petitioner, who on looking at the police party threw away the packet from his right pocket and thereafter the packet was confiscated in which 20 injections of Buprenorphine were recovered containing 2 ml each. He submitted that thereafter since the FSL report did not come, the petitioner was released on interim bail by the learned Trial Court. He submitted that the petitioner, while on interim bail, was never informed with regard to the fact that the FSL report has come and thereafter when the FSL report was filed alongwith challan, the petitioner was absent because he was not taken for the purpose of submitting the challan. He submitted that the petitione

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