MANJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking grant of regular bail in a case having FIR No.6 dtd. 18/1/201 registered under Ss. 15(c) of NDPS Act at Police Station Jaitu, District Faridkot.

(2.) As per the allegations appearing on the record, on 18/1/2021 petitioner-Manjeet Singh was going in a Swift Dezire car No.PB-04-AB-1279 which was followed by a Creta car No.DL1CT-9602 of silver colour and the police officials, who had laid picket, signalled both the said cars to stop and then on checking of the Swift Dezire, which was driven by the petitioner, 80 kgs. of poppy husk was recovered from it while on checking of the Creta car No.DL1-CT-9602, which was driven by co-accused Jagmeet Singh, 120 kgs. of poppy husk was recovered from the said car.

(3.) The counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is in custody for the last more than 2 years and is having no criminal history under the NDPS Act. The counsel for the petitioner further submits that the trial Court is not progressing ahead as till date only 8 prosecution witnesses have been examined out of total 27 prosecution witnesses. The counsel for the petitioner further submits that Division Bench of this Court vide order dtd. 12/1/2022 passed in CRM-3773-2019 in CRA-D-198-DB-2017, Bhupender vs. Narcotic Control Bureau has held that'in case the accused person is able to make out a case within parameter of Article 21 of the Constitution in view of the custody period, then he deserves the concession of regular bail, even in the face of rigors of Sec. 37 of the NDPS Act'.