AVTAR SINGH SANGHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.61, dtd. 14/4/2022, registered under Sec. 18 of NDPS Act (Sec. 29 NDPS Act added later on) at Police Station Baghapurana, District Moga.

(2.) Succinctly, the facts of the case are that the petitioner was apprehended by ASI Varinder Kumar, while he was driving a car bearing registration No. PB-65-H-3183 and found in conscious possession of one kg. Opium, wrapped in an envelop without any permit or license and also Rs.400.00 was recovered from the petitioner. After following the due procedure of the recovery under NDPS Act, the petitioner was arrested on 14/4/2022. He made a disclosure statement on 15/4/2022, wherein he specifically told to the police about time, place, recovery and registration of vehicle allegedly used in the crime by co-accused Lakhwinder Singh. After investigation in the matter, final report under Sec. 173 Cr.P.C. has been presented in the Court.

(3.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. The alleged recovery of 1 kg opium falls under the category of non-commercial quantity as per the Schedule appended with the NDPS Act. However, the learned Judge, Special Court, Moga while declining the anticipatory bail of the petitioner clubbed the recovery effected from co-accused Lakhwinder Singh, which was 9 kgs of opium. He further submits that no recovery is to be effected from the petitioner. He is in custody since 14/4/2022. Final report under Sec. 173 Cr.P.C. stands presented. He further submits that the petitioner is not involved in any other case.