PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the first petition filed by the petitioner for grant of regular bail under Section 439 of the Code of Criminal Procedure in FIR No. 149 dated 16.7.2018 under Sections 21 and 22 of the NDPS Act, registered at Police Station, Civil Lines, Batala.

(2.) Counsel for the petitioner submits that as per the allegations in the FIR, 30 intoxicating tables and 25 intoxicating capsules were recovered from the possession of co-accused Surender Kumar and, thereafter, he suffered a disclosure statement that he has purchased the same from petitioner-Pawan Kumar, proprietor of Kumar Medial Store. Counsel for the petitioner further submits that though it will be a debatable issue whether the disclosure statement of the co-accused is admissible against the petitioner yet independent of this fact, the petitioner is a licenced Chemist and relied upon the licence dated 26.7.2018. He further submits that the petitioner is not involved in any other case; the investigating is complete and the case is fixed for prosecution evidence. Counsel for the petitioner has further stated that the petitioner was initially granted interim bail awaiting the report of the FSL and has not misused the same and, thereafter, he was re-arrested.

(3.) Learned State counsel, on instructions from HC Manjinder Singh has not disputed the factual position.