ARUN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of regular bail to the petitioner under Sec. 439 of the Code of Criminal Procedure (in short 'Cr.P.C.') in FIR No.21 dtd. 10/2/2019, for offence punishable under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'the NDPS Act') registered at Police Station City Patti, District Tarn Taran.

(2.) Counsel for the petitioner has submitted that as per the allegations in the FIR, registered at the instance of the Investigating Officer, when he along with the police party had a suspicion on a young person who was carrying a polythene bag, he had thrown the bag and tried to ran away from the spot. However, he was apprehended by the police party and on enquiry, he disclosed his name as Arun Kumar. Thereafter, he picked up the polythene bag and on opening the same, 815 white coloured intoxicant loose tablets were recovered. It is further submitted that it will be a moot point to be decided during the course of trial as to whether the proper procedure was followed while conducting the investigation as no second Investigating Officer, after the apprehension on the petitioner, was called at the spot.

(3.) Counsel for the petitioner has further submitted that the recovery was of loose tablets and only 10 tablets were sent for FSL examination and therefore, it is not possible to presume at this stage that all the tablets contain the same salt.