DALJIT SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By filing the present petition, under Sec. 439 of the Code of Criminal Procedure, the petitioner has sought regular bail in FIR No. 153 dated 31.08.2016, registered under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station GRP, Ludhiana.

(2.) It is contended that the petitioner was neither arrested from the spot nor any recovery was effected from him. In fact, the petitioner has been framed in the present FIR on the basis of disclosure statement of co-accused, Vikas who had stated that the alleged contraband i.e. 4 kg of charas was to be delivered to the petitioner. The FSL report has not been received so far. The petitioner is in custody since 02.09.2016.

(3.) On the other hand, learned State counsel opposes the bail application and admits the above factual aspect of the matter.