INDERJEET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By way of present petition filed under Sec. 439 of the Code of Criminal Procedure, 1973, petitioner is seeking grant of regular bail pending trial in FIR No.109 dtd. 2/7/2021 under Ss. 22 of the NDPS Act, 1985 registered at Police Station Nihal Singh Wala, District Moga (Annexure P-1).

(2.) Learned counsel for the petitioner submits that in the present case, Investigation has already been concluded and challan stands filed way back on 23/11/2021 but even till date out of 12 prosecution witnesses, none has been examined so far. Charges were framed on 15/12/2021. Learned counsel for the petitioner further submits that from a perusal of the challan one can make out that there is blatant non compliance of Sec. 42 of the NDPS Act. He also submits that though at the time of effecting alleged recovery, the police officials were in a private vehicle as described in the challan itself, however, no details of the said vehicle such as, chassis number, type, name of driver etc. have been disclosed/mentioned in the challan which runs contrary to the guidelines dtd. 27/4/2015 issued by the office of Director General of Police, Punjab, Chandigarh. Learned counsel for the petitioner also submits that it would be highly unbelievable that a person engaged in the business of drug smuggling will carry the contraband in white transparent polythene bag as described in the FIR/challan. In view thereof, learned counsel for the petitioner prays for grant of concession of regular bail.

(3.) On the other hand, prayer made hereinabove has been strongly opposed at the instance of learned State counsel who submits that recovery effected in the present case is of commercial quantity.