CHARANJIT ALIAS BABBU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition under Section 439 of the Code of Criminal Procedure is for grant of regular bail in case bearing FIR No. 31 dated 4.7.2018 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") registered at Police Station-Pojewal, District Shaheed Bhagat Singh Nagar (Annexure P/1).

(2.) Learned counsel representing the petitioner contended that the petitioner has been falsely implicated in this case for the alleged recovery of 12 injections of Rexdgesic Buprenorphine each containing 2 ml., which is below the commercial quantity. The petitioner is not involved in any other case under the Act and decision of the case still to take some more time. So, he be released on bail. More so, in similar matters, this Court had passed orders for release of accused-persons. In this behalf, learned counsel for the petitioner has placed reliance on the Division Bench judgment of this Court in CRM-M-5207 of 2014, Saleem Mohd Vs. State of Punjab, decided on 4.11.2015.

(3.) Learned State counsel as also learned counsel representing the complainant opposed the bail application on the ground that recovery effected from the possession of the petitioner is of "commercial quantity" and there is no material or evidence available on the file that the petitioner was having possession of the same for personal consumption and the present petition deserves to be dismissed. He however, fairly conceded that the petitioner is not involved in any other similar case.