SURINDER SINGH 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.83 dtd. 29/4/2019, for offence punishable under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act (in short 'the NDPS Act') registered at Police Station City Dhuri, District Sangrur.

(2.) Counsel for the petitioner has argued that as per the allegations in the FIR, the police party on receiving a secret information that the petitioner is involved in selling intoxicant tablets, a ruqa was sent to the Police Station by ASI Darshan Singh and the FIR was registered and thereafter, SI Satnam Singh along with the police party laid a barrier and noticed that the petitioner is coming on his motorcycle bearing registration No.HR08-AM-4113 carrying a plastic bag on his shoulder. Thereafter, he was apprehended and from the said bag, 4450 tablets of TRAMADOL HYDROCHLORIDE were recovered along with 4410 tablets of CLOVIDOL. As per the FSL report, the tablets branded as TRAMADOL HYDROCHLORIDE were found to be a narcotic substance. It is further submitted that as on today, the petitioner is in custody for the last 02 years, 07 months and 07 days and is not involved in any other case.

(3.) Counsel for the petitioner has also submitted that out of 12 prosecution witnesses, only 03 PWs have been examined and the case is still at the stage of recording the prosecution evidence and the trial is delayed due to COVID-19 situation in the country. Counsel for the petitioner has lastly submitted that it will be a debatable issue to be decided during the course of trial, after receiving the secret information when the ruqa was sent and the FIR was registered, the police effected the recovery and conducted the search of the petitioner without giving a notice under Sec. 50 of the NDPS Act as it was not a case of chance recovery as it is own case of the prosecution that they had a previous information in this regard.