JATINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer is under Sec. 439 Cr.PC for grant of regular bail to the petitioner Jatinder Kumar @ Tina in case FIR No.76 dtd. 17/9/2014 for offences punishable under Ss. 22/61/85 of the NDPS Act registered with Police Station City-I, Mansa.

(2.) It is the case of the prosecution that on 17/9/2015 on a secret information that accused-petitioner Jatinder Kumar @ Tina and co-accused Neeraj Kumar are coming on a motor cycle PB-31K-9982 (owned by present petitioner-accused) are in the habit of selling Narcotics. On interception of the motor cycle both aforesaid accused by throwing their respective bags fled away from the spot. It appears that separate seizure memos were prepared whereby the bags thrown by each of the accused was identified and the contents sent for sampling.

(3.) It is contended that from the recovery memo Annexure R-1, from the bag thrown by petitioner 55 injections of Phenergan, 10 injections of Norphine and 300 loose tablets were recovered. The only injection regarding Norphine is notified as Narcotic Substance and as per the FSL report the seized quantity of 10 x 2 ml injections falls in the quantity shown as per their stand is commercial.