LAWS(P&H)-2022-1-26

SURJIT KAUR Vs. STATE OF PUNJAB

Decided On January 07, 2022
SURJIT KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner is seeking regular bail in FIR No.130 dtd. 20/5/2021, under Ss. 304 and 34 IPC and Sec. 21 of the NDPS Act added lateron, registered at Police Station Samana, District Patiala.

(2.) Learned counsel for the petitioner contends that the deceased had admittedly died due to drug overdose. His body was found at 'katcha' path on 15/5/2021. The father of the deceased had stated that his son had died due to drug overdose and he does not suspect anyone. The FIR has been lodged by the complainant, who is the cousin of the deceased, after about 05 days wherein it is stated that the petitioner and co-accused had administered drug overdose to the deceased. She further contends that only 05 grams of heroin is stated to be recovered from the petitioner which is much below the threshold of small quantity. She also contends that the petitioner is an elected Panch of the village and has been falsely implicated. She was also implicated in other cases and she is on bail in those cases. The petitioner is in custody for over 07 months in the instant case

(3.) Learned State counsel states that charges have been framed but no prosecution witness has been examined. She also contends that the petitioner is also involved in other cases under the NDPS Act.