GURMEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner-Gurmeet Singh has prayed for grant of regular bail in case FIR No.254 dtd. 8/11/2017 under Sec. 22 of Narcotic Drugs and Psychotropic Substances Act, 1881 (1985?) (in short 'NDPS Act') registered at Police Station Lambi, District Sri Muktsar Sahib. The petitioner is in custody since his arrest on 8/11/2017.

(2.) As per the version in the FIR, a naka was set up by Police and a motorcycle was seen coming which was stopped. The petitioner was one of the riders of that motorcycle which was being driven by Sonu Singh and another person Ramesh Kumar was sitting in between the driver and the petitioner. Ramesh Kumar was holding a bag and it was suspected that it contained some intoxicant material. After the completion of formalities as contemplated under the NDPS Act, recovery of 600 capsules of parvorinspas and 2000 tablets of digifresh 0.6 (Alprazolam 0.5) and 1000 triesr tablets (each containing 10 tablets total 1000 tablets) was effected.

(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 which was found in possession of co-accused-Ramesh Kumar. It is contended that the challan in the case was filed on 26/3/2018 and the charges were framed on 9/4/2018. According to him, there are in all 10 witnesses and the examination of the same will take considerable time. It is also not disputed that the petitioner is not involved in any other case much less under the NDPS Act.