KARU LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A copy of the report dated 07.10.2013 of the Central Forensic Science Laboratory Chandigarh, (Annexure "PX") filed by the learned State Counsel today in the Court, is taken on record. Petitioner -Karu Lal son of Dharam Ram Ji, resident of village Rana Kheri, Abjalpur, District Mansor (M.P.) presently confined in the District Jail, Chittorgarh (M.P.)(as per memo of parties), has preferred the instant petition for the grant of regular bail in a case registered against him along with his other co -accused, vide FIR No. 100 dated 11.07.2012 (Annexure P -1), on accusation of having committed an offence punishable under Section 18 of, The Narcotics Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act), by the police of Police Station Shambhu, District Patiala, invoking the provisions of Section 439 Cr.P.C.

(2.) NOTICE of the petition was issued to the State.

(3.) EX FACIE, the arguments of the learned counsel that, the preparation recovered from the possession of the petitioner was not opium as defined under Section 2(xv), no offence under NDPS Act is made out and since, he was falsely implicated in this case, so, he is entitled to the concession of regular bail, are not only devoid of merit but misplaced as well.