LAKHWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail in FIR No.285 dated 14.11.2018 under Section 22 of the NDPS Act, 1985, registered at Police Station Bhawanigarh, District Sangrur.

(2.) Learned counsel for the petitioner has, inter alia, argued that in the present case, the petitioner is in custody since 14.11.2018 and the investigation had been completed long back and challan was presented on 29.05.2019. He further states that charges were framed on 03.07.2019 and out of 11 cited witnesses, 09 have been examined. Learned counsel for the petitioner has also stated that there is no other case against the petitioner and he has been wrongly roped up in the present FIR. He has further stated that even otherwise, on merits, in the present case, the Investigating Officer and complainant are one and the same person and, therefore, trial can get vitiated in view of the law laid down by the Hon'ble Supreme Court in Mohan Lal Vs. State of Punjab, 2018(4) RCR (Criminal) 101.

(3.) Per contra, learned State counsel, on instructions from ASI Kulwinder Singh, states that in the present case, challan was presented on 29.05.2019 and charges have been framed on 03.07.2019 and out of 11 cited witnesses, 09 have been examined. He has further stated that it was a case of recovery of 1000 tablets of Tramadol, which is a commercial quantity and, therefore, has opposed the grant of bail to the petitioner. However, on a query put by the Court to the learned State counsel as to whether in the present case, the Investigating Officer and the complainant are the same person, he states that it is correct that the Investigating Officer and the complainant are the same person.