Judgment

Mr. Harsh Bunger, J.

Petitioner (Gurdial Singh) has filed the present petition under Section 439 of the Code of Criminal Procedure seeking grant of regular bail in case bearing FIR No. 146 dated 1.6.2021, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station City Phagwara, District Kapurthala.

2. Status report by way of affidavit dated 18.4.2023 of Mr. Jaspreet Singh, P.P.S., Deputy Superintendent of Police, Sub Division Phagwara, Kapurthala, has been filed on behalf of State of Punjab, which is already on record.

3. Custody certificate dated 18.4.2023 of the petitioner has already been filed by learned State counsel, which is already on record.

4. Briefly, the aforesaid FIR was registered on the complaint of ASI Jaswant Rai, who stated that on 1.6.2021 when he alongwith Head Constable Jagroop Singh was patrolling on a motorcycle regarding search of bad persons and when they reached at the bus stand then one person with beard was seen coming from the side of godowns. When the aforesaid police personnels approached him then the aforesaid suspicious person immediately tried to turn back and he threw away a polythene bag held by him in his right hand on the ground whereupon the complainant ASI Jaswant Rai alongwith his companion apprehended him on the basis of suspicion. He was asked about his whereabouts whereupon he told his name as Gurdial Singh son of Amar Singh. Upon checking the polythene bag thrown by the petitioner on the ground, it was seen that there were 1200 light orange coloured intoxicant tablets. The said information was given to SHO Sanjeev Kumar, who alongwith police party reached at the spot where the aforesaid suspicious person was presented before him. Thereafter, the search of the polythene bag was carried out and 1200 intoxicant tablets (light orange coloured tablets) without any label were recovered. The said persons could not produce any license or permit for having the intoxicant tablets. Accordingly, samples were drawn and the FIR in question was registered.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated. It is submitted that no offer was made to the petitioner to get the search conducted from a Gazetted Officer or from any Magistrate and neither any independent witness was joined during the search. It is further submitted that a false case has been foisted upon the petitioner as the petitioner is not involved in any other case under the NDPS Act. It is stated that the petitioner has been in custody since 1.6.2021, investigation in the case is complete, challan stands presented and even charges have been framed. Thus, it is contended that the trial would take time to conclude and no useful purpose would be served by keeping the petitioner behind the bars for indefinite period. It is submitted that the petitioner is ready to comply with any condition, as may be imposed by this Court or by the trial Court. Accordingly, prayer has been made for grant of regular bail to the petitioner.

6. Per contra, learned State counsel has opposed the plea of petitioner for grant of regular bail on the ground of seriousness of offences by submitting that the intoxicant tablets recovered from the petitioner contained ‘Alprazolam’ and the total quantity of ‘Alprazolam’ comes to 147.6 grams, which falls in the category of ‘commercial quantity’, thus, bar under Section 37 of the NDPS Act is attracted. It is further submitted that the investigation in the case is complete, challan stands presented and even charges have been framed, however, out of thirteen witnesses, only two witnes