SAABI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PRAYER in the instant petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No. 142 dated 26.04.2013 under Section 21/22/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') at Police Station Civil Lines, Police District Batala, District Gurdaspur.

(2.) ON 26.04.2013 at about 2.30 p.m., the police party stopped Ford Endeavour Vehicle No. PB -08 -BB -0071 and apprehended the petitioner and his co -accused, namely; Bunti as they tried to run away from the spot in different directions. The police party suspected the accused persons to be in possession of contraband article. The accused persons were apprised of their right of getting their personal search as well as that of vehicle from a Gazetted Officer or a Magistrate. They opted to be searched before a Gazetted Officer. The Deputy Superintendent of Police, Sub Division City, Batala was called at the spot.

(3.) FROM the personal search of Bunti 50 injections without label each containing 2 ml. quantity of the commodity and 45 such injections wrapped in a polythene bag without label were recovered from the search of the petitioner. Thereafter, search of the vehicle was conducted and it contained 2 kgs. of intoxicant power in a polythene bag and from other cardboard box 20 intoxicant capsules lying there were recovered. From another cardboard box 50 vials of 10 ml. each without label were recovered and from another cardboard box 1000 intoxicant capsules were recovered.