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2024 Supreme(P&H) 1536

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
Inderjit Singh @ Indu – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Roopse Sharma, Advocate for Mr. Karnadeep Singh Deswal, Advocate
For the Respondent: Mr. Sahil R. Bakshi, AAG, Punjab.

JUDGMENT :

Kuldeep Tiwari, J. (Oral)

Through the instant petition, filed under Section 483 of the BNSS, 2023, the petitioner prays for grant of relief of regular bail in case FIR No.146 dated 06.12.2023 (Annexure P-1), under Sections 22 of the NDPS Act, 1985 (charges framed under Sections 22/29 of the NDPS Act), registered at Police Station Sadar Hariana, District Hoshiarpur.

2. On asking for the relief (supra), learned counsel for the petitioner submits, that as on today, no prosecution witness has been examined, out of total 10 witnesses, as cited by the prosecution, in the final report. She further submits that the petitioner has suffered incarceration of more than 01 year, as on today. Finally, she submits that the petitioner is not involved in one other case, nor he has been previously convicted, in any other case, and has clean antecedents.

3. In the instant case, the petitioner was apprehended with 259 grams of intoxicant powder, containing the salt 'Tramadol Hydrochloride' which undisputedly falls under the ambit of commercial quantity, as per the schedule attached with the NDPS Act.

4. Though the learned counsel for the petitioner had addressed the arguments on merits of the in

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