IMTIYAZ AHMED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Prayer in this petition under Sec. 439 Cr.PC read with Sec. 482 Cr.PC is for the grant of interim bail in case FIR No.173 dtd. 21/10/2022 under Ss. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City Khanna, District Ludhiana.

(2.) The brief facts of the case are that while the police party was on patrolling duty, information was received that Imtiyaz Ahmed (petitioner) resident of Jammu and Kashmir and Ishtiyak Ahmed after loading fruits and other things from Kashmir used to go to Azad Mandi and would be bringing back a huge quantity of intoxicant vials and injections from Delhi and were taking the same to Kashmir for selling at a profit. If a raid was conducted near Dhaba Markfed, Khanna where the truck was parked, the persons could be apprehended along with intoxicating vials and injections. Based on the information, the instant FIR came to be registered. Subsequent thereto the petitioner and his co-accused were arrested and the recovery of 20 bottles of 100 mls each of intoxicating liquid containing Codeine Phosphate Syrup came to be effected.

(3.) The Counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. Since the wife of the petitioner Mrs. Rehana was in advanced stage of pregnancy he may be released on interim bail being the sole breadwinner of the family. In fact, there was no one else to look after his wife. His parents were aged and his sisters were already married. Reference is made to certain documents depicting the pregnancy of Mrs. Rehana (Annexure P-2). Reference is also made to a certificate issued by MC, Baramullah stating that the petitioner was the only breadwinner of the family and his wife is pregnant (Annexure P-3).