JUDGEMENT
MEHINDER SINGH SULLAR, J. -
(1.) THE contour
of the facts, which needs a necessary mention
for the limited purpose of deciding the instant
petition for regular bail and emanating from the
record, is that, on 20.4.2012, a police party
headed by ASI Harbhajan Singh, consisted of
other police officials, was present near
Raymondwala Chowk. PW Amrik Singh son of
Gurdial Singh also reached there. As soon as,
the police party reached near the Circular Road
of village Jawanharke (place of occurrence), in
the meantime, the petitioner -accused was seen
coming on his motorcycle, bearing registration
No. PB -10 -CM -2052 on a metaled road. On
seeing the police party, he became perplexed
and immediately tried to turn back, but his motor -cycle slipped in that process. He alongwith
his bag fell down on the ground. Some vials and
tablets were spread out of the bag on the road.
On the basis of suspicion, the accused was apprehended by the police party, who disclosed
his name as Jagtar Singh son of Karamjit Singh
(petitioner).
(2.) HAVING completed all the codal formalities and in the wake of search, 150 vials, each containing 100 tablets mark Diatil, (total 15000
tablets) and 14 strips, each containing 80 tablets (total 1120 tablets) were recovered from the
bag of the petitioner. After taking samples, the
remaining drugs were sealed into separate parcels and taken into possession, vide recovery
memo in the presence of independent witness
Amrik Singh.
Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that 15000 tablets of Diatil & 1120 tablets of Alprazolam were recovered from the possession of the petitioner without any permit or licence. In the background of these allegations and in the wake of recovery of indicated
commercial drugs, the present case was
registered against the petitioner, by virtue of FIR No.
21 dated 20.4.2012 (Annexure P1), on accusation of having committed the offences punishable under Sections 22,25 and 60 of the Narcotic Drugs & Psychotropic Substances Act, 1985
(hereinafter to be referred as "the NDPS Act")
by the police of Police Station Kot Dharmu,
Distt. Mansa.
(3.) HAVING exercised and lost his right of bail before Additional Sessions Judge, now the petitioner -accused has preferred the instant petition for regular bail in the indicated criminal
case, invoking the provisions of Section 439
Cr.PC.;
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