JASRAJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the first petition filed under Sec. 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the petitioner in case bearing FIR No. 198 dtd. 1/12/2017 registered under Sec. 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (herein-after to be referred to as 'NDPS Act') at Police Station City Patti, District Tarn Taran.

(2.) The brief facts of the present case are that it has been alleged in the FIR(supra) that police party were patrolling in the area and they saw that one haircut person was coming from the front side, who upon seeing the police party suddenly got panicked and turned back and started walking hurriedly and took out a polythene bag from the right pocket of his pant and threw it on the ground. He was apprehended on the basis of suspicion and upon checking the polythene bag thrown by him, it was found to be containing 40 small white coloured intox-icant tablets.

(3.) Learned counsel for the petitioner inter alia contends that petitioner has been falsely implicated in the instant case. Further the alleged contraband recovered from the conscious possession of the petitioner does not fall within the ambit of commercial quantity. As such, the embargo created under Sec. 37 of NDPS Act would not be applicable to the petitioner and he has undergone total custody of 01 year 07 months and 15 days and till date the prosecution has not been able to conclude its evidence as out of total 08 prosecution witnesses, only 02 have been examined and the case of the petitioner is squarely covered by the ratio of law laid down by Hon'ble Supreme Court in Nandlal Mondal @ Abhay Mondal Vs. The State of West Bengal SLP (Crl.) No(s).12788/2023.