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2024 Supreme(P&H) 118

DEEPAK GUPTA
Sanjay Upadhya – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner: Mr. Lakshay Bector.
For the Respondent: Mr. Karunesh Kaushal, AAG, Punjab.

JUDGMENT :

Deepak Gupta, J.

By way of present petition filed under Section 439 C.P.C., petitioner prays for his release on regular bail in case FIR No.112 dated 03.06.2022 registered under Sections 20, 29, 25, 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') at Police Station S.T.F. Phase-4, SAS Nagar, Mohali.

2.1 As per prosecution allegations, on 03.06.2022, ASI ParamJit Singh along with SI Gurcharan Singh and other police official of S.T.F. Ludhiana were present near Bapu Market, Village Lohara, when secret information was received to the effect that petitioner - Sanjay Upadhya along with his son Sonu Kumar and son-in-law Aklesh Kumar was jointly doing the illegal business of sale of ganja since long time. It was further informed that Sonu Kumar and Aklesh Kumar had been sent by the petitioner on an Activa to supply ganja to his customers and that the said Sonu and Aklesh were sitting on Activa waiting for their customers and if raid is conducted, they can be apprehended. Statutory compliance of Section 42 of the NDPS Act was made by sending special report to the Senior Police Officers.

2.2 FIR was lodged. The Police party reached at the inf

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