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2024 Supreme(P&H) 1459

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASJIT SINGH BEDI
Tirath Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Appellant :Mr. R.S. Waraich (Rana), Advocate
For the Respondent: Mr. Prabhdeep Singh, Asstt. A.G., Punjab

JUDGMENT :

Jasjit Singh Bedi, J.

1. The prayer in this 5th petition under Section 483 BNSS, 2023 is for the grant of regular bail in case bearing FIR No.07 dated 22.01.2022 registered under Section 15 of the NDPS Act , 1985 (Sections 25, 29/61/85 of the NDPS Act added later on) at Police Station Maloud, District Khanna.

2. The brief facts of the case are that petitioner-Tirath Singh was apprehended with 90 Kgs poppy husk. During interrogation, he disclosed the name of his co-accused Amrik Singh being a facilitator, master-mind and supplier. From the further lead provided by petitioner-Tirath Singh, 15 Kgs poppy husk was recovered from Truck bearing Registration No.PB-lOPV-3260 belonging to co-accused Amrik Singh. Amrik Singh was also arrested and got recovered an amount of Rs.1,10,000/-.

3. The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. There was violation of mandatory provisions of the Act regarding search and seizure including Sections 42 and 50. The petitioner was in custody since 22.01.2022 and only 04 out of the 15 prosecution witnesses had been examined so far. Therefore, the Trial of the present case was not l

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