SIMRANJIT KAUR @ MADHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application seeking regular bail in case FIR No. 69 dated 12.10.2010 under Section 18 NDPS Act, P.S. Sarai Amant Khan, District Tarn Taran.

(2.) Learned Counsel for the Petitioner has stated that Petitioner is in judicial custody w.e.f. 12.10.2010. Learned Counsel for the Petitioner has argued that no narcotic substance was recovered from the custody or possession of the Petitioner - accused. Learned Counsel has pointed out from the FIR that as per prosecution story, Petitioner after seeing the police party has thrown away the bag on road from where narcotic substance was recovered by the police. Learned Counsel has further argued that recovery of narcotic substance from the bag lying on the road would not amount to recovery from the possession/custody of the accused. He has further argued that opium measuring 2 Kg 570 gms. is said to have recovered from the bag which is slightly more than permissible limit.

(3.) Learned Deputy Advocate General, Punjab, on the instructions of SI Joga Singh states that Petitioner has no criminal history before.