SUSHIL KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the second petition under Sec. 439 of Cr.P.C. for grant of regular bail in FIR No.227 dtd. 19/10/2020, under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'NDPS Act') (Sec. 29 of the NDPS Act added later on), registered at Police Station Sadar Patti, District Tarn Taran.

(2.) The case of the prosecution is that the recovery of 1250 intoxicant tablets was made from one Balwant Singh and the said Balwant Singh has named the present petitioner in his disclosure statement, on the basis of which, the petitioner has been arrested in the present case and has been in custody since 20/10/2020.

(3.) Learned Senior counsel for the petitioner has submitted that the petitioner has solely been implicated on the basis of the disclosure statement made by co-accused Balwant Singh and no recovery has been effected from the present petitioner and in fact, there is no incriminating evidence against the petitioner other than the said disclosure statement.