GURPREET SINGH ALIAS GOPI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Gurpreet Singh @ Gopi, has filed the present second petition seeking regular bail in Case FIR No. 226 dtd. 6/9/2020, registered under Sec. 22 of the NDPS Act at Police Station Tanda, District Hoshiarpur. First bail petition, CRM-M-131742024, seeking regular bail, was dismissed as withdrawn vide order dtd. 4/7/2024, i.e., approximately one year and five to six months ago.

(2.) As per the allegations mentioned in the FIR, on 6/9/2020, based on receipt of secret information, petitioner was intercepted by members of the police team. Upon noticing the police, petitioner allegedly threw a polythene bag from his hand and attempted to flee from the spot. When apprehended, he reportedly disclosed that the polythene bag contained intoxicated capsules, and he was waiting for customers to purchase them. Upon completion of formalities, recovery of 417 capsules was effected from the polythene bag thrown by the petitioner.

(3.) Learned counsel for the petitioner submits that, in fact, out of the 417 recovered capsules, examination revealed the presence of Tramadol salt weighing approximately 266.188 grams, which is slightly above the maximum of non-commercial quantity i.e. 250 grams. It is further submitted that petitioner is in judicial custody for approximately two years and three months, and trial is yet to be concluded.