SATNAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No. 19 dtd. 15/2/2020 under Ss. 15 and 25 of the NDPS Act registered at Police Station Sadar Rampura, District Bathinda.

(2.) Counsel for the petitioner inter alia would contend that the petitioner has been falsely implicated in the said FIR as no offence is made out against him. It is further argued that in fact the alleged recovery of 100 kgs of poppy husk has been effected from three persons, who were travelling in the truck and the commercial quantity would be of recovery of 50 kgs from each of the persons nominated in the said FIR, thus, it would be a debatable issue as to whether recovery of 100 kgs of poppy husk from three persons would fall under commercial quantity or not. It is also argued that the vehicle involved does not belong to the petitioner herein, while further contending that the investigation is complete and the challan stands presented, therefore, custodial interrogation of the petitioner would no longer be required.

(3.) Learned counsel appearing for the respondent-State opposes the bail application by submitting that the petitioner herein was travelling in the truck from which 100 kgs of poppy husk has been recovered.