PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in this petition is for grant of regular bail to the petitioner, Pawan Kumar, who has been booked for having committed the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for brevity "NDPS Act") in a case arising out of FIR No.143, dated 16.10.2012, registered at Police Station, Kotwali, Kapurthala.

(2.) LEARNED Senior counsel contends that according to prosecution, the petitioner was arrested on 16.10.2012 and 600 grams of intoxicating powder was recovered from him; that the sample was sent to the Chemical Examiner, Kharar for analysis and it was found that the powder, alleged to have been recovered from the petitioner, was containing dextropropoxyphene; that the commercial quantity of the said salt would be more than 500 grams and concededly, according to prosecution only 600 grams of the said salt was recovered from the petitioner which is slightly above the minimum limit of the commercial quantity; that in spite of grant of numerous opportunities to the prosecution, the entire evidence has not been led; and that the petitioner is behind the bars for the last approximately one year.

(3.) I have heard the learned counsel for the parties and with their able assistance gone through the material available on record.