SUNIL KUMAR @ SUNNY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the present petition is made for grant of regular bail in case FIR No.185 dtd. 4/10/2023 registered under Ss. 22(c)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station City Budhlada, District Mansa.

(2.) The FIR was registered on the allegations that police party was patrolling to intercept anti-social elements, when they were near Guru Nanak College Chowk Budhlada, a middle aged man was seen standing nearby. On sighting the police party, he started moving fast and he was carrying a plastic bag in his left hand. He was captured by the Sub-Inspector Bikkar Singh, with the help of the police officials and on suspicion, his search was conducted and he was found to be in possession of 2100 tablets of Lomotil which contains Diphenoxylate Hydrochloride & Atrophine Sulphate. The police party, after complying with the mandate of Sec. 50 of the NDPS Act, recovered the drugs from the person of the accused. On the basis of ruqa sent by SubInspector Bikkar Singh, the FIR was registered and during investigation, coaccused Chamkaur Singh, from whose possession, 2100 tablets of Lomotil were recovered, made a disclosure statement while in custody and the petitioner is arrested on the basis of his disclosure statement.

(3.) Learned counsel for the petitioner inter alia contends that there is no evidence on record to indicate the complicity of the petitioner in the alleged occurrence. The disclosure statement made by the co-accused while in police custody is hit by Sec. 26 of the Evidence Act. Except the disclosure statement of the co-accused, there is nothing to prove the conscious possession of the petitioner over the seized contraband. The petitioner is a Chemist by profession and having a valid licence for sale, transport and possession of scheduled narcotic drugs. The investigating agency has verified his licence from the concerned quarters and it was found to be valid on the date of recovery of the contraband from co-accused Chamkaur Singh.