BINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Binder Kaur @ Goga has filed the present petition under Section 439 Cr.P.C. for grant of regular bail pending trial in case FIR No. 193 dated 08.11.2019, under Section 22 of NDPS Act, registered at Police Station Kabarwala, District Sri Muktsar Sahib.

(2.) Learned counsel for the petitioner has vehemently argued that in the present case the petitioner has been falsely implicated. He has further stated that the petitioner is a young lady of 38 years of age, having a family and has good antecedents. He has further stated that there is no past history of the petitioner and she is not involved in any other case till date. He has further contends that even as per the allegations contained in the FIR, the petitioner was carrying 1000 tablets containing Tramadol Hydrochloridesalt in her hand, which was in a transparent polythene bag. Learned counsel states that the story put forward by the police is ex facie concocted because in case any person wishes to do the trading or to carry the contraband then it would never be put in a transparent bag. He has further pointed out that in the FIR it has been repeatedly recorded that bag was transparent in nature. He has further submitted that the petitioner is in custody since 08.11.2019.

(3.) Per contra learned State counsel on instructions from ASI Jasvir Singh states that the recovery was effected from the conscious possession of the petitioner and so far as the transparent bag is concerned, learned State counsel on instructions not denied the fact that that the bag was in fact transparent.