DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has prayed for grant of regular bail under Sec. 439 Cr.P.C, pending trial in case FIR No.28 dtd. 13/3/2021 registered under Sec. 22(b) NDPS Act, 1985 at Police Station Raman, District Bathinda. The petitioner is in custody since his arrest on 13/3/2021.

(2.) The FIR was registered on the basis of secret information and the allegations as noticed by the Id. Judge, Special Court, Bathinda in the order dtd. 27/4/2021 are as under:

(3.) Learned counsel for the petitioner has argued that the petitioner is 68 years old and is not involved in any other case of similar nature and the recovery in the present case is slightly above the non-commercial quantity. He submits that as the trial is likely to consume considerable time, his further custody may not be necessary. He prays for bail.Learned State counsel assisted by ASI Mandar Singh, has opposed the prayer and argued that 920 intoxicating tablets containing 136 grams of Alprazolam salt were recovered from the petitioner and would fall in commercial quantity, however, it is not disputed that in all, there are eleven prosecution witnesses and only seven prosecution witnesses have been examined so far. He has further produced the custody certificate of the petitioner by way of affidavit of ND Negi, Superintendent of Central jail, Bathinda, which indicates that he is not involved in any other case of similar nature.