Prabjit Singh v. State Of Punjab
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8 Learned State counsel, on the other hand, has produced the copy
of the custody certificate, which is taken on record and he prays for dismissal of the instant petition on the ground that the petitioner is involved in two other cases under NDPS Act meaning thereby he is a habitual offender. He further submits that now the trial is for defence evidence and is likely to conclude shortly.
Be that as it may, having gone through the custody certificate, the petitioner has suffered incarceration of 02 years, 02 months and 13 days and considering the fact that the petitioner was not arrested at the spot and was actually in custody when the alleged recovery of contraband was effected from the other co-accused persons and this fact has also not been disputed by learned State counsel and nominated as an accused on the disclosure statements made by above said two co-accused and even thereafter during investigation, nothing incriminating material could be recovery from him
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