(1.) Present petition under Section 439 of the Code of Criminal Procedure is for grant of regular bail in case bearing FIR No. 104 dated 4.11.2018 under Section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the Act') registered at Police Station Fatehgarh Churian, District Gurdaspur.
(2.) Learned counsel for the petitioner contended that the petitioner is a qualified doctor and he has been falsely implicated in this case for having possession of 12 Kgs.800 grams of intoxicant powder. More so, the petitioner is in custody since 4.11.2018 and trial of the case still to take some more time. So, the petitioner be released on bail.
(3.) Learned counsel has placed reliance on the judgment from Hon'ble Apex Court in Varinder Kumar Vs. State of Himachal Pradesh, 2019 1 RCR(Cri) 1003, wherein alleged recovery of contraband was effected from gunny bags carried on scooter and the independent witness had turned hostile during the trial.