SANJEEV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 438 Cr.P.C. for pre-arrest bail has been filed by the petitioner - Sanjeev Kumar, an accused in FIR No.90 dated 6.11.2019 for the offence under Section 22 (Section 29 added later on) of NDPS Act , registered with Police Station Shahpur Kandi, District Pathankot.

(2.) Briefly stated, the prosecution story is that on 6.11.2019, a police party of STF Wing BR/ASR (Pathankot) headed by LR ASI Suran Singh had laid a picket in the area of Defence Road Mamoon Cantt. in connection with checking of drug peddlers and anti social elements when accused Madan Lal @ Maddi driving the motorcycle came there and while he was in the process of turning back on seeing the police party, he was apprehended and contraband in the form of 150 strips each containing 10 tablets of Alprazolam IPB-REST 0.5 total 1500 in number were recovered. The contraband was seized and Madan Lal was arrested in this case. He was interrogated, during the course of which, he disclosed that he had purchased those tablets from Sanjeev Kumar (present petitioner) and he would contact Sanjeev Kumar on his mobile phone No.8628842626, in that way, Sanjeev Kumar, present petitioner was nominated in this case.

(3.) On registration of formal FIR, apprehending his arrest in this case, the petitioner had approached the Court of Sessions seeking grant of pre-arrest bail by filing an application, however, his such request was declined by learned Judge, Special Court, Pathankot vide order dated 28.11.2019. As such, the petitioner has approached this Court asking for similar relief.