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2023 Supreme(P&H) 2389

JASJIT SINGH BEDI
Prabhjeet Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
Mr. Gaurav Kalsi, Advocate for Mr. Harchand Singh Batth, Advocate; For the Petitioner
For the Respondent:Ms. Ramta K Chaudhary, Deputy Advocate General, Punjab.

JUDGMENT

Mr. Jasjit Singh Bedi, J. (Oral)

The Prayer in this petition under Section 439 Cr.PC is for the grant of regular bail in case FIR No.79 dated 17.03.2021 under Section 21, 29 of NDPS Act, 1985, section 14 of Foreigners Act, 1946 and Section 3 of Indian Passport Act, 1920 registered at Police Station Ajnala, District Amritsar Rural.

2. The brief facts of the case are that while the BSF party was on patrolling duty, on a specific input a special ambush was laid in the area of D.S. Pura near the Indo-Pak border fence. The officials observed the suspected moments from the Pakistan side. They suspected smuggling and therefore, the area was marked for a search operation. After a thorough search the recovery of a Phoenix Battery concealed underground was effected. When the battery was opened white brown colour Heroin was recovered which on being weighed was found to be 6.770 Kgs.

After the registration of the FIR secret information was received that Heroin which was recovered from near the fence was to be received by 02 youngsters namely Vishal Sharma and Prabhjeet Singh (petitioner) who were waiting in a car near Surjit Hospital, Amritsar along with the money. If a raid was conduc

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