HARPREET SINGH @ MANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition filed under Sec. 439 of the Code of Criminal Procedure, 1973 is for grant of regular bail to the petitioner in case FIR No.0003 dated 05.01.2018 under Sec. 22 NDPS Act registered at Police Station Cantt. Bathinda, District Bathinda.

(2.) Learned counsel for the petitioner submits that the alleged recovery made from the petitioner is 8 bottles of Wincerex of 100 ml each, 4 bottles of Onerex of 100 ml each and 15 strips of Carisoma, each containing 10 tablets. He has argued that so far as 150 tablets of Carisoma is concerned, the same is not a narcotic substance, whereas though the other contraband of 1200 ml is a narcotic substance, but the same is marginally higher than the commercial quantity. He has submitted that there is no other case pending against the petitioner under the NDPS Act. However, the petitioner is in custody since the date of registration of FIR i.e. 05.01.2018.

(3.) Learned State counsel does not dispute the custody as well as the quantity of the contraband so recovered from the petitioner.