SHAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) RIMINAL Misc. No. 1342-43 of 2012 Applications are allowed. Annexure P4 is taken on record and the petitioner is exempted from filing certified copy of Annexure P4. Main Petition

(2.) THE petitioner has prayed for grant of regular bail under the provisions of Section 439 CrPC by way of FIR No. 141 dated 28.7.2011 at Police Station Sadar Amritsar for an offence punishable under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act"). The case against the petitioner is that he was found keeping in his possession the following tablets/capsules:

(3.) LEARNED counsel for the petitioner has submitted that the petitioner is in custody since 28.7.2011. According to him, he was only a carrier of the drugs, which were ordered by a chemist. According to him, the chemist has though, denied having ordered the said drugs, yet the offence against the petitioner is just on technical grounds. He has further submitted that in the absence of a shop, the petitioner cannot be believed to sell the drugs in the open and this shows that he was carrying the goods for the chemist.