LAWS(P&H)-2023-2-115

KULWINDER SINGH Vs. STATE OF PUNJAB

Decided On February 08, 2023
KULWINDER SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Prayer in the present petition under Sec. 439 of Code of Criminal Procedure is for grant of regular bail to the petitioner in case FIR No.53 dtd. 16/4/2020 registered for the offences punishable under Ss. 22 of NDPS Act (Sec. 27-A of NDPS Act added later on) at Police Station Raman, Bathinda, District Bathinda.

(2.) The allegations in nutshell are that 1200 tablets Clovidol100 SR were recovered from the possession of the petitioner by the police on 16/4/2020. As per report of FSL, the said contraband falls under commercial quantity as per provisions of the NDPS Act.

(3.) Counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is in custody for the last about 2 years and 9 months but the trial is not progressing ahead and further submits that as per custody certificate furnished by the State counsel, the petitioner is shown to be involved in two other cases under NDPS Act; that however, the petitioner is enlarged on bail in both the said two criminal cases as is evident from Annexures P-3 and P-4. He has further submitted that it will take considerable time for the trial to conclude as till date, prosecution is able to examine only 6 witnesses. So, prayer is made that the petitioner be released on regular bail.