MANJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Sec. 439 CrPC for grant of regular bail to the petitioner in case F.I.R. No.55 dtd. 27/5/2015 registered under Sec. 21 of NDPS Act, 1985 at Police Station Satnampura, District Kapurthala.

(2.) The primary ground taken was that he was not even on a substantive rank of ASI and he was only Head Constable and therefore, the entire process is vitiated.

(3.) On the last date the matter was adjourned to ascertain this fact by the learned State counsel. Learned State counsel on instructions from H.C. Manjit Singh has accepted these facts. She has accepted the fact that both the ASI Paramjit Singh and ASI Sukhwinder Kumar were having only local rank. However she states that in this case the recovery is of 250 grams of Diphenoxylate and 10 grams of heroin and the petitioner had even been declared as a proclaimed offender.