GURDEEP SINGH ALIAS RATTHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant 4th petition has been filed under Sec. 483 of BNSS, 2023 (earlier Sec. 439 Cr.P.C.), for grant of regular bail to the petitioner, during the pendency of trial, who has been booked in a criminal case arising out of First Information Report, as detailed hereunder:-

(2.) Learned counsel for the petitioner submits that petitioner was merely driving a Honda City car, bearing registration No.HR-26-AJ-9134, and co-accused namely Aman Singh was occupying the co passenger seat, at the time it was intercepted by the police. On conducting search of the vehicle, a transparent polythene bag was recovered from the dashboard, which was found to contain 270 grams of intoxicant powder. The substance was later confirmed to be Tramadol Hydrochloride.

(3.) It is argued by counsel for the petitioner that alleged recovery of contraband is affected from the dashboard of the car and the said car was not belonged to the petitioner. Hence, conscious possession has not been proved from the petitioner.