MAHESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Mahesh Kumar @ Mahi has prayed for grant of regular bail in case FIR No.179 dtd. 7/8/2018 under Sec. 22 of Narcotic Drugs and Psychotropic Substances Act, 1881 (1985?) registered at Police Station Civil Lines, Bathinda. The petitioner is in custody since his arrest on 7/8/2018.

(2.) As per the version of the prosecution in FIR, on 7/8/2018, petitioner and other person namely, Andhin Paswan were apprehended and two polythene bags were recovered one of which was hanging on the motorcycle bearing No.PB03AQ-5593, driven by Mahesh Kumar @ Mahi (petitioner) and other bag was in right hand of co-accused who was pillion rider. Recovery of 30 vials of onerex containing 100 ml each and 30 strips of carisoma, 10 tablets each were effected from each polythene.

(3.) Learned counsel for the petitioner contends that it is seriously debatable as to whether the petitioner is having conscious possession of the alleged contraband. It is further pointed out by learned counsel for the petitioner that the mandatory provisions of Sec. 50 are not complied with.