SUKHDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the first petition under Sec. 439 of Cr.P.C. for grant of regular bail in FIR No.87 dtd. 16/6/2021, under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Dakha, District Ludhiana.

(2.) The case of the prosecution is that ASI Narinder Kumar along with ASI Lakhvir Singh, senior constable Paramvir Singh and senior lady constable Mandeep Kaur were present at the main chowk of Mandi Maullanpur, when a special messenger came and informed the said persons that the petitioner, who was dealing in intoxicant tablets, would sell the same from village Dakha to village Issowal and in case the barricading was to be done, the said petitioner could be apprehended. It is further the case of the prosecution that as is apparent from the report under Sec. 173 Cr.P.C., in spite of the fact that the said barricading was done, the petitioner managed to run away from the spot after throwing the polythene bag but he was recognized by the senior constable Paramvir Singh and on checking the said bag, 800 tablets of 100 MG SR Tablets RADOL-100 containing the salt-Tramadol Hydrochloride, were recovered from the said polythene bag. It is further the case of the prosecution that the petitioner was thereafter arrested on 9/7/2021.

(3.) Learned counsel for the petitioner has submitted that in the present case, the petitioner has been falsely implicated. It is argued that it is impossible to believe that the petitioner, who was on foot, managed to escape in spite of the fact that there were several police officials present at the spot. It is further submitted that the allegation to the effect that the petitioner is dealing in intoxicant tablets is also false inasmuch as, he is not involved in any other case. Learned counsel for the petitioner has argued that the petitioner has been in custody since 9/7/2021 and the challan has already been presented and there are 10 prosecution witnesses, none of whom have been examined and thus, the trial is likely to take some time to conclude. It is also submitted that as per the FSL report, the total quantity of the narcotic drugs that has been detected is 268.8 grams and the commercial quantity of the same is stipulated at 250 grams.