KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Kuldeep Singh @ Bhuri has filed the present petition under Sec. 439 Cr.P.C for grant of regular bail to him in case FIR No.59 dtd. 29/4/2017 registered under Ss. 21/22/61/85 of the NDPS Act at Police Station Nawanshahar, District Shaheed Bhagat Singh Nagar during pendency of the trial.

(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, the petitioner was apprehended on the basis of suspicion and the search of polythene bag was conducted, out of which, 40 grams of heroine and 250 grams of intoxicant powder was recovered from second polythene bag. Learned counsel also submits that the recovery has already been effected. All witnesses are the official witnesses and there is no possibility that the petitioner may tamper with the evidence or influence the witnesses. Moreover, no independent witness was joined at the time of alleged recovery. Even Form no.29 was not filled up at the spot. The petitioner is in custody since 29/4/2017. In other case, the petitioner is on bail.

(3.) Learned State counsel submits that other than the present case, three more cases are there against the petitioner, out of which, in two cases, he has been acquitted and one case is pending and there is no instruction with regard to his release on bail in that case. However, learned counsel for the petitioner submits at bar that the petitioner is on bail in that case as well.