PARVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer is for grant of regular bail in case having FIR No.89 dtd. 19/9/2021 registered under Sec. 22 NDPS Act at Police Station Sadar Nawashahar District SBS Nagar.

(2.) The counsel for the petitioner inter alia contends that the petitioner is incarcerated since 19/9/2021 and has been falsely implicated in the present case. The counsel for the petitioner further submits that as per recovery memo 20 strips each containing 20 tablets of Buprenorphine and Naloxone Sublingual tablets USP B.No PTN-248 MFC 03/2021 EXP 02/2024 were recovered from the petitioner. The counsel for the petitioner further submits that however the sample which was sent for analysis to the FSL is silent regarding batch number, manufacturing date and expiry date as is clear from Annexure P-2. The counsel for the petitioner further submits that in this manner, the prosecution has failed to connect report of FSL (Annexure P-2) with the articles which were allegedly recovered vide recovery memo dtd. 19/9/2021 and thus the prosecution has failed to link the report of FSL with the alleged recovery and consequently the petitioner is entitled to get benefit of regular bail.

(3.) The present petition is contested by the State counsel, who has submitted that commercial quantity of medical intoxicants were recovered from the petitioner by the police on 19/9/2021 and since then the petitioner is in custody. The State counsel further submits that there is no ambiguity in the report of FSL and as per said report the concerned sample reached the laboratory in its intact condition and thus there is no question of tampering with the case property. The State counsel further submits that no doubt the petitioner is in custody since 19/9/2021 but is not entitled to grant of bail at this stage when the trial is going on.