PARDEEP 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.124 dtd. 3/7/2020, for offence punishable under Sec. 22 of the NDPS Act registered at Police Station Sadar Patiala, District Patiala.

(2.) Counsel for the petitioner has argued that as per the allegations in the FIR, a secret information has been received that Pardeep Kumar @ Deepi and Yogesh Sharma @ Johny are indulged in selling of narcotic drugs and are coming on a motorcycle, the ruqa was sent to the Police Station and thereafter, the petitioner and the co- accused were apprehended and recovery of 800 tablets were effected. It is further submitted that the petitioner is the first offender and he is in custody for the last about 01 year, 05 months and 15 days and out of 13 PWs, only 04 PWs have been examined. Counsel for the petitioner has also argued that it will be a matter of trial whether proper procedure under Sec. 50 of the NDPS Act has been followed or not as the FIR is based on the basis of a secret information and therefore, it will be a debatable issue whether it amounts to a chance recovery.

(3.) Counsel for the State has not disputed the factual position but opposed the prayer for bail.