SANDEEP KUMAR @ SANJEEV @ SUNNY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 222 dated 23.6.2019, under Sections 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. registered at Police Station Phillaur, District Jalandhar (Rural).

(2.) Learned counsel for the petitioner contends that the petitioner herein has been falsely implicated in this case. He is in custody since 23.6.2019. It is alleged in the FIR that there was one person who was having hair cut was seen coming on foot from the side of Satluj Bridge, Ludhiana, while carrying a weighty black envelope of polythene in his right hand and on seeing the police party, he threw the said polythene envelope on the side of the road. Learned counsel would contend that 20 injections of phinramine mutiate avil, 20 injections of lupicgesic buprenorphine and one large syringe are alleged to have been recovered from the petitioner. It is contended that falsity of the implication is apparent from the fact that the alleged envelope is stated to be large whereas the recovery is only injections. It is also argued that there is a permanent police naka at the spot and therefore, no prudent person would make attempt to carry any contraband through the said police naka. It is also contended that no further investigation is required in the matter, since the challan has already been presented.

(3.) Per contra, learned counsel appearing on behalf of respondentState, while relying on the judgment rendered in State of Kerala Versus Rajesh, 2020 1 RCR(Cri) 818, opposes the bail application, while submitting that one more case under the provision of the NDPS (though of a small quantity) is already registered against the petitioner, therefore, he is not entitled to grant of regular bail.