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2023 Supreme(P&H) 1789

MANJARI NEHRU KAUL
Amarjit Singh @ Ambi – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
For the Parties : Ms. Promila Nain, Mr. H.S. Sitta DAG, Punjab

Judgment

Mrs. Manjari Nehru Kaul, J.

The petitioner is seeking the concession of bail under Section 439 Cr.P.C. in case FIR No.0067 dated 08.04.2022 under Sections 21 (C)/61/85 of the NDPS Act registered at Police Station Special Task Force (STF Wing), SAS Nagar Mohali.

2. Learned counsel for the petitioner inter alia contends that in a case of chance recovery, 600 grams of Heroin was allegedly recovered from near the gearbox of the car, which was being driven and owned by co-accused Baljit Singh. She submits that though charges were framed way back on 14.09.2022, none of the 26 prosecution witnesses cited had been examined. It has also been submitted that the petitioner was in no way linked to the alleged recovery and was merely traveling and had no inkling that the co-accused was carrying the recovered contraband as he had merely taken a lift with him. She submits that the factum of the petitioner being innocent finds due credence from the fact that he has clean antecedents and is not involved in any other criminal case much less under the NDPS Act. A prayer has therefore, been made for extending the concession of bail to the petitioner, as his further incarceration would serve no

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