DILBAGH SINGH @ BAGGA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed this petition under Section 439 Cr.P.C for grant of bail in case FIR No.69 dated 29.07.2018 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Kheri Gandian, District Patiala.

(2.) The FIR was registered on receipt of Ruqa from SI Manpreet Kaur stating that she along with ASI Hardeep Singh and other police officials were on patrol in Government vehicle. When they reached near the water tank in village Ghungra at about 7.00 p.m, one turbaned gentleman was seen coming on a white colour Activa from the side of village Ghungra. On seeing the police party he got perplexed and tried to turn back. On the basis of suspicion, he was apprehended. He disclosed his name as Dilbagh Singh @ Bagga. SI Manpreet Kaur disclosed her identity and apprised him that it was suspected that there was some intoxicant material in his scooty and that he had a legal right to get himself and scooty searched in presence of a Gazetted Officer or a Magistrate. He reposed faith in the SI. Consent memo was prepared. From the dicky of the scooty, one white polythene was recovered, which contained 15 strips of Lomotil. Each strip contained 20 tablets. 19 pouches, each containing 100 tablets of Microlit were also recovered.

(3.) As per FSL, the average weight of Lomotil tablet was 63 mg. Average weight of Microlit tablet was 78 mg. In both sets of tablets salt Diphenoxylate Hydrochloride was found. The total weight of Lomotil tablets was 18.9 grams and total weight of Mocrolit tablets was 148.2 grams, making a total of 167 grams which is commercial quantity.