KAPIL DEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in a case registered against him vide FIR No. 93 dated 28.5.2018 under Sections 22/27-A/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Moti Nagar, District Ludhiana.

(2.) The case of the prosecution, in nutshell, is that on 28.5.2018 when the police party headed by ASI Ram Pal was patrolling in the area of Police Station Moti Nagar, Ludhiana then one silver coloured Innova car bearing Registration No. PB-10-DB-1063 was signalled to stop. Although, the driver of the said vehicle tried to turn back the vehicle but was not successful. There was one more person sitting besides the driver of the vehicle and both of them were apprehended. Upon enquiry, the driver of the vehicle disclosed his name as Kapil Dev while the other person sitting besides him disclosed his name as Hardeep Kumar @ Deepak. Upon search of the vehicle, a black coloured plastic envelop containing one kilogram of 'heroin' was recovered from underneath the front passenger seat of the vehicle in question, for which the accused could not furnish any justifiable explanation.

(3.) The learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and that in any case the contraband having been recovered from underneath the passenger seat, the petitioner cannot be held liable in any manner and cannot be attributed conscious possession of the recovered contraband.