NIRMAL SINGH ALIAS NIMMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner assails order dated 11.10.2017 passed by learned Special Judge, Jalandhar whereby an application filed by him seeking his release on bail in terms of provisions of Section 167(2) Cr.P.C. in case FIR No.40 dated 1.4.2017 under Section 22 of the Narcotics Drugs and Psychotropic Substances Act, 1985 registered at Police Station Mehatpur District Jalandhar has been declined.

(2.) As per case of prosecution, on 1.4.2017 when the police party headed by ASI Tarlochan Singh was patrolling in the area in Village Gaunswal, the accused was seen coming on foot, who upon noticing the police party tried to hide himself in the wheat fields. On the basis of suspicion, he was apprehended and upon inquiry he disclosed his name as Nirmal Singh alias Nimma. An offer in terms of Section 50 NDPS Act was extended to him but he reposed confidence in the ASI. A search of the accused led to recovery of 130 grams of narcotic substance which, subsequently, upon analysis has been found to be containing 'Diphenoxylate hydrochloride'.

(3.) Since the FSL report was not received, therefore, the learned Special Court vide order dated 15.7.2017 ordered for release of the accused on interim bail subject to receipt of report of FSL regarding contents of the alleged contraband.