Judgment

Mr. Harpreet Singh Brar, J.

This is the first petition filed under Section 439 of Cr.P.C. seeking grant of regular bail to the petitioner in the case bearing FIR No. 140 dated 11.08.2023 registered under Sections 22(b) of NDPS Act at Police Station Malout, District Sri Muktsar Sahib.

2. Case of the prosecution is based upon the allegations that on 11.08.2023, the petitioner along with his co-accused Dinesh Kumar @ Bunty were found in conscious possession of about 47 strips of Colovidol-100 SR with 10 tablets in each strip i.e. total 470 tablets of Tramadol Hydrochloride, which they were carrying without any permit or license.

3. Learned counsel for the petitioner inter alia contends that the story set up by the prosecution is highly unbelievable as the petitioner and his co-accused are alleged to have been carrying the alleged contraband in a transparent plastic envelope and on seeing the police party, they had thrown the said envelope, which was containing intoxicant tablets. The mandatory provisions of Section 50 of NPDS Act have not been complied with and the alleged contraband recovered from the possession of the petitioner falls within the ambit of non-commercial quantity