DAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant petition, the petitioner craves for indulgence of this Court for his being enlarged on regular bail, in case FIR No.292, dtd. 17/12/2020, under Ss. 22(a) of the Narcotics Drugs and Psychotropic Substances Act, 1985, registered at Police Station Dasuya, District Hoshiarpur.

(2.) The petitioner was arrested while carrying 110 grams of intoxicant substance which was subsequently found to be 'Alprazolam'. The petitioner was arrested at the spot on 17/12/2020 and thereafter, he was enlarged on interim bail by the learned trial Court concerned on 19/1/2021, owing to non-receipt of the FSL report, however, a condition was imposed to re-surrender, within a week of the receipt of FSL report, if the recovered substance was found to be a narcotic contraband. However, the petitioner, after receipt of the FSL report, did not cause appearance before the trial Court concerned, which led to his being declared as a proclaimed offender, vide order dtd. 7/7/2023, and, he was re-arrested on 21/7/2023.

(3.) The learned counsel for the petitioner submits that the alleged contraband, which was recovered from the present petitioner, is marginally higher than the commercial quantity, as the commercial quantity of the alleged recovered contraband, as prescribed under the schedule, is 100 grams, whereas, the allegedly recovered contraband is 110 grams.