GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the third petition filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.76 dtd. 8/8/2020 under Ss. 22C, 29, 61 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') registered at Police Station Dharamgarh, District Sangrur.

(2.) Learned counsel for the petitioner would contend that the earlier two petitions filed by the petitioner being CRM-M-35377-2020 and CRMM-2652-2021 were dismissed as withdrawn vide orders dtd. 23/11/2020 and 25/1/2021, respectively. Learned counsel for the petitioner would further contend that there has been non-compliance of Sec. 42 of the NDPS Act in the present case inasmuch as the recovery has been effected after sunset at 08.15 p.m. It is further the contention that the petitioner has falsely been implicated in the case inasmuch as it has been alleged by the Prosecution that the petitioner herein was apprehended carrying a transparent envelope in his hand near the cremation ground and bus-stand of village Humblewas Jakhepal where he was identified by co-accused Jagsir Singh alias Jassi. Learned counsel for the petitioner has contended that the story set up by the Prosecution is highly improbable. It is further contended that the petitioner has been in custody since 8/8/2020 and there is no other case pending against him.

(3.) Per contra learned State counsel has relied upon the status report filed by way of affidavit of Prithvi Singh, PPS, Deputy Superintendent of Police, Sub Division Dirba, District Sangrur to contend that the petitioner was apprehended with 1500 tablets of Clovidol and that the provisions of Sec. 42 of the NDPS Act would not be applicable in the present case. He has further contended that out of 15 prosecution witnesses only one stands examined.