SOMABILLI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Cr.P.C. for the grant of regular bail to the petitioner in FIR No. 178, dtd. 29/8/2021, registered under Ss. 21C and 29 of the NDPS Act, at Police Station Dinanagar, District Gurdaspur.

(2.) Learned counsel for the petitioner submits that the allegation in the present case is that 255 grams of Heroin was recovered from the petitioner and the same was weighed along with the carry bag. Learned counsel for the petitioner further submits that whether the quantity of the narcotic substance alleged to have been recovered from the petitioner is commercial or not, will depend upon the ultimate findings, which will come as, according to the petitioner, the intoxicant alleged to have been recovered were weighed along with the carry bag. Learned counsel submits that even otherwise, the quantity recovered is 255 grams, which is marginally above the commercial quantity and especially that the petitioner has already undergone incarceration since 29/8/2021 and the trial is not likely to conclude in near future, the petitioner may kindly be extended the concession of regular bail.

(3.) Notice of motion.