Judgment

Mr. Harpreet Singh Brar, J.

The petitioner has approached this Court by filing the petition under Section 439 Cr.P.C. seeking regular bail in a case bearing FIR No.15 dated 30.01.2023 under Sections 18 /61 of the NDPS Act, 1985 registered at Police Station Sujanpur, District Pathankot.

2. Learned counsel for the petitioner inter alia contends that the present FIR was lodged on the basis of secret information and petitioner along with two other accused, namely, Gurdit Singh and Nirval Singh were named as accused.

3. On the basis of secret information, the petitioner along with two other co-accused were apprehended and the Investigating Officer SI Harjinder Singh recovered 1 kg 500 grams of opium from the polythene bag carried by the petitioner. The recovery from the petitioner falls under the non-commercial quantity and as such the embargo under Section 37 (1) (b) of the NDPS Act would not be attracted. The petitioner is stated to be involved in two more cases under the NDPS Act and he has been acquitted in one case and in another case, he is already on bail.

4. The learned State counsel opposes the grant of regular bail to the petitioner on the ground that he is a habitual o