VARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this 2nd petition is for grant of regular bail in FIR No.68 dtd. 17/6/2019 under Ss. 22 & 25 of NDPS Act, registered at Police Station Nehinanwala Bathinda, District Bathinda; earlier one was dismissed as withdrawn on 23/2/2022.

(2.) Learned counsel for the petitioner submits that new ground for filing this second petition is that the petitioner is in long custody. It is further submitted that as per allegations in the FIR, registered at the instance of ASI Parminder Singh, while on patrol duty, a clean shaven person was seen sitting on a scooter and on seeing the police party, he became perplexed and started riding on scooter towards the village by throwing the bag, which was hanging on handle of the scooter. On suspicion, he was apprehended and disclosed his name as Varinder Kumar @ Gaggu. From the bag, intoxicant tablets, which have fallen on the earth, were picked up and 2500 intoxicant tablets were recovered. Thereafter, a message was sent to the police station for registration of the FIR.

(3.) Learned counsel further submits that before effecting the recovery, no message was sent to the police station for calling a Gazetted Officer on the spot and it will be a matter of trial whether Ss. 42 and 50 of NDPS Act have been complied with or not. It is also submitted that the petitioner is in custody for the last about 01 year and 08 months; he is not involved in any other case and out of total 12 prosecution witnesses, only 01 PW has been examined.