MANINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 439 Cr.P.C for grant of bail pending trial in case FIR No. 145 dated 25.05.2017 registered under Sections 380, 409, 120-B IPC and Section 22 of the Narcotics Drugs and Psychotropic Substances Act, 1985 at Police Station Nakodar Sadar, District Jalandhar Rural.

(2.) Learned counsel for the petitioner contends that the case against the petitioner is totally concocted. It is further submitted that even as per the case of the prosecution, the alleged recovery from the petitioner is 300 tablets of Buprenorphine. Still further, it is submitted that as per the report of FSL, total quantity of the prohibited substance Buprenorphine found in the entire recovery is only 0.594 grams, which is less than even the small quantity prescribed for the substance. Learned counsel for the petitioner has placed reliance on judgment of this court passed in CRM-M-35080 of 2018 - Rajvir Singh @ Raju v. State of Punjab decided on 21.08.2018, to support his contention. It is further submitted that there is no other case against the petitioner. The petitioner is in custody since 25.05.2019.

(3.) On the other hand, learned counsel for the State, on instructions submits that the petitioner has been found in possession of 300 tablets of Buprenorphine. Therefore, a huge recovery of prohibited substance has been made from him. However, it is not disputed that as per the FSL report total quantity of prohibited substance found in the entire recovery is 0.594 gram. It is also not disputed that there is no other case against the petitioner. Still further, it is submitted that out of 19 witnesses, 7 witnesses have been examined by the prosecution.