BABBU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 439 of the Code of Criminal Procedure (for short the 'Cr.P.C.'), seeking regular bail in FIR No.l dated 1.1.2019, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') registered at Police Station, Maqboolpura, District Police Commissionerate, Amritsar, Amritsar.

(2.) Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He submits that as per the FIR itself although the petitioner was caught on the spot but the allegation in the FIR is that he had thrown the bag of polythene which was later on recovered by the police, however, the compliance of Section 50 of the NDPS Act, was not made. He has further submitted that in the present case investigation is already complete and the charges have already been framed a long time back i.e. on 4.5.2019 and out of 11 witnesses cited by the prosecution none has been examined and the petitioner is in custody since the date of his arrest i.e. 1.1.2019 which is more than one year. Learned counsel for the petitioner has further submitted that the petitioner is not involved in any other case including any case under the NDPS Act.

(3.) On the other hand, learned State counsel, on instructions from the police official assisting him, states that it is correct that the charges in the present case were framed on 4.5.2019 and out of 11 witnesses cited by the prosecution none has been examined. However, he has submitted that although the summons have been issued to the witnesses but the evidence could not be recorded. On specific instructions from the officer present in the Court, learned State counsel has expressed his helplessness to show that as to why there is delay in examination of the prosecution witnesses.