NARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Cr.P.C. for the grant of regular bail to the petitioner in case of FIR No. 126 dtd. 12/6/2021, registered under Ss. 21 and 25 of the NDPS Act, 1985 at Police Station City-2 Khanna, District Khanna.

(2.) Learned counsel contends that the petitioner has been in custody for the last about 1 year 11 months, having been arrested on 14/6/2021. The recovery is from the ground as it was alleged that the contraband contained in a polythene bag was thrown away by him, it cannot be said that the contraband was recovered from the conscious possession of the petitioner, which though is shown to be commercial quantity. Charges have been framed on 28/1/2022, however, out of 10 prosecution witnesses, none has been examined. He is not involved in any other case under the NDPS Act.

(3.) The custody certificate filed by the learned State counsel is taken on record. As per the same, the petitioner is behind bars for the last 1 year 10 months and 29 days.