RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in case F.I.R. No.118 dtd. 1/7/2015 registered under Sec. 15/61/85 of NDPS Act, 1985 at Police Station Maqsudan, Jalandhar.

(2.) The allegation is that 35 kgs of poppy husk was recovered on a gunny bag on which the petitioner was allegedly sitting. Custody certificate was filed on 25/1/2019 and as per the custody certificate the petitioner has undergone 5 months and 12 days of custody. As per custody certificate there was another case under Sec. 15 of NDPS Act which was pending against him with regard to 10 kg. of poppy husk.

(3.) The contention of learned counsel for the petitioner is that on both the occasions the alleged recovery is less than the commercial quantity and therefore the petitioner be released on bail.