KULWINDER SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition filed under Section 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No. 77, dated 21.6.2012, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for sort the 'Act') at Police Station Gidderbaha, District Sri Muktsar Sahib. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Judge, Special Court, Sri Muktsar Sahib, vide which application filed on behalf of the present petitioner for bail was dismissed.

(2.) THIS is second application for bail filed on behalf of the petitioner -accused. His earlier bail application was dismissed by this Court vide a detailed order dated 21.11.2012 passed in Crl. M. No. M -36639 of 2012.

(3.) IT has been contended by learned counsel for the petitioner -accused that it is a debatable point as to whether the recovery allegedly effected from petitioner -accused would fall under the Act or under the Drugs and Cosmetics Act and that the said matter is also pending before Division Bench of this Court.