AMAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the present petition under Sec. 439 Cr.PC is for the grant of regular bail in case FIR No.14 dtd. 11/2/2020 under Sec. 22 of the NDPS Act registered at Police Station Sadar Phagwara, District Kapurthala.

(2.) The brief facts of the case are that Aman (petitioner) came to be apprehended with 18 intoxicant injections 2ml each containing 36 ml. Buprenorphine Hydrochloride.

(3.) The learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. The mandatory provisions of Ss. 42 and 50 of the NDPS Act have not been complied with in their proper perspective. No independent witness was joined at the time of search and seizure. As he was a first-time offender, in custody since 31/8/2022 and none out of 11 prosecution witnesses had been examined so far, the trial of the present case was not likely to be concluded anytime soon. Therefore, the petitioner was entitled to the concession of bail in view of the judgment of the Hon'ble Supreme Court in the case of Nitish Adhikary @ Bapan Versus The State of West Bengal, SLP (Crl.) Nos.5769/2022 arising out of judgment and order dtd. 4/5/2022 in CRM(NDPS) No.442/2022, decided on 1/8/2022 and Hasanujjaman and others Versus The State of West Bengal, SLP (Crl.) No.(s) 3221/2023 arising out of impugned final judgment and order dtd. 29/11/2022 in CRM (NDPS) No.1323/2022, decided on 4/5/2023.