JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking regular bail in FIR No.100 dtd. 24/8/2020, under Sec. 21 and 29 of the NDPS Act, 1985 registered at Police Station Special Task Force, District Mohali.

(2.) Learned counsel for the petitioner contends that the petitioner is not named in the FIR and was arraigned as an accused on the statement of the co-accused. The alleged recovery of 275 grams heroin has been effected from the petitioner. He also contends that the petitioner is disabled from both legs to the extent of 100% and cannot walk without help. He has referred to the disability certificate at Annexure P-2 issued from Civil Hospital, Ferozepur wherein it is mentioned that the petitioner is disabled from PDRP both lower limbs and spine and his disability is not less than 100 per cent as per definition in the Persons with Disabilities (Equal Opportunities) Protection of Rights and Full Participation Act, 1995. The petitioner is in custody for over 1 year and 3 months.

(3.) Learned State counsel, upon instructions from ASI Santokh Singh, contends that it has been verified that the petitioner is physically challenged. He is in custody for a period of 1 year, 3 months and 18 days. He is not involved in any other case under the NDPS Act. She also contends that none out of 10 prosecution witnesses has been examined. .