LAWS(P&H)-2023-3-109

SUKHWANT SINGH ALIAS SUKH Vs. STATE OF PUNJAB

Decided On March 01, 2023
Sukhwant Singh Alias Sukh Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Prayer is for grant of regular bail in case having FIR No.68 dtd. 17/4/2021 registered under Ss. 22(c) of NDPS Act at Police Station City Tarn Taran District Tarn Taran.

(2.) As per the allegations appearing on the record, the police apprehended the petitioner who was carrying balck polythene bag having 200 strips of Tramadol (celcidal-100 SR) each containing 10 tablets having batch No.21-A-T004 manufacturing date April, 2021 and expiry dated March, 2023 out of which 2 strips each containing 10 tablets were separated as a sample and the same was sent for analysis.

(3.) The counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. That no such recovery was effected from the petitioner. That as per the notice issued under Sec. 50(A) NDPS Act, which was served before effecting the search of the polythene bag, the offence under Sec. 22-C NDPS Act has been printed on the top of the said notice. The counsel for the petitioner submits that it is not clear how the police officials came to know as to what was there in the polythene bag held by the petitioner in his hand, before checking its contents. The counsel for the petitioner further contends that the recovery memo whereby the police took into possession the alleged medical intoxicants, it not bearing the signatures of the petitioner. The counsel for the petitioner further submits that the report of the FSL is silent regarding batch number, manufacturing date and expiry date and thus the prosecution has failed to connect the said FSL report with the medical intoxicants stated to be recovered from the petitioner vide recovery memo dtd. 17/4/2021. The counsel for the petitioner further submits that the petitioner is in custody for the last 1 year and 10 months and is having no criminal history and the trial is not progressing ahead. So prayer is made that the petitioner be released on regular bail.