HAPPY SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 439 Crimial P.C. for grant of regular bail in case FIR No.118 dated 20.7.2013 registered at Police Station Samana, District Patiala for the offence under Sec. 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act').

(2.) Learned counsel for the petitioner contended that as per prosecution version the recovery from the petitioner is shown as 52 Kgs. poppy husk which also includes the weight of the gunny bags. If the weight of the gunny bags is excluded, then the recovery will be noncommercial. He also contended that the Investigating Officer intentionally has not excluded the weight of bags nor given the weight of bags in the proceedings.

(3.) Notice of this petition was given to the Advocate General, Punjab. Learned Assistant Advocate General, Punjab appearing for the respondent-State contested the bail petition and stated that keeping in view the serious nature and gravity of allegation against the petitioner, he is not entitled to the benefit of bail.