PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 167(2) read with Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.50 dated 25.03.2015 registered under Section 22 of the NDPS Act at Police Station Ladowal, District Ludhiana City.

(2.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case and just to frustrate his statutory right, incomplete challan was presented without receiving the Chemical Examiner's Report to prove the recovery of intoxicant material. The petitioner was alleged to be travelling in ambulance but neither the driver of the ambulance has been implicated in the case nor it has been mentioned as to whether the driver of the ambulance has run away. Learned counsel also submits that the petitioner is entitled for interim bail as an indefeasible right has accrued to the petitioner on expiry of period of 180 days. Learned counsel for the petitioner has relied upon the order dated 18.07.2014, where, under similar circumstances, bail has been granted to the petitioner, namely, Sukhchain Singh @ Chaina, by this Court in Criminal Misc. No.M-15041 of 2014.

(3.) Learned counsel for the petitioner has also relied upon the judgment in case Ravinder @ Binder vs State of Haryana passed in Criminal Misc. No.M-28367 of 2014, decided on 26.09.2014, wherein, the challan was presented without having any Chemical Examiner's Report and the accused-petitioner was released on anticipatory bail. Learned counsel for the respondent-State opposes the submissions made by learned counsel for the petitioner on the ground that as per Ravinder @ Binder's case , incomplete challan can be filed but charges cannot be framed.