PARDEEP RAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Sec. 439 Cr.P.C for grant of regular bail to petitioner-Pardeep Rai alias Deep in case FIR No.29 dtd. 24/3/2017 registered under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Mansa, District Mansa.

(2.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case, whereas, he was not involved. As per allegations in the FIR, the police party was on patrolling duty to check the suspects and two young persons were found to be present alongside canal. They were having black poly bag in their hands. They tried to escape but fell down and intoxicants were spread on the ground. They were overpowered by the police party and disclosed their names. It is also mentioned in the FIR that vials and tablet strips were found in their possession i.e. 20 intoxicant vials of ONEREX MARKS WINGS BIOTECH and 20 strips of Carisoma from the possession of the petitioner and 10 intoxicating vials of ONEREX MARKS WINGS BIOTECH and 10 strips of Carisoma bearing mark WALLACE were recovered from the possession of co-accused Harbans Singh alias Bansi. Learned counsel also submits that all intoxicants were in the same poly bag but it was not verified as to which bag was carried by whom. Learned counsel further submits that the provisions of Ss. 42 and 50 of the NDPS Act have not been complied with. Co-accused Harbans Singh alias Bansi has been released on regular bail vide order dtd. 9/5/2017 by the trial Court and the present petitioner is in custody since 24/3/2017. All witnesses are the official and there is no possibility that the petitioner may influence the witnesses or tamper with the evidence.

(3.) Learned State counsel has not disputed the custody period and release of co-accused Harbans Singh alias Bansi on regular bail.