Rakib Ali v. State Of Punjab





    
                        

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,,.) ,  $ etitioner has filed this petition under Section 439 of Cr.P.C. for grant of regular bail in case FIR No. 254 dated 24.09.2019, registered under Sections 22 and 29 of the NDPS Act, at Police Station City Rajpura, District Patiala.

Custody certificate dated 27.04.2022 issued by the Additional Superintendent, Central Jail, Patiala, submitted by the learned State counsel in the Court, is taken on record.

Learned counsel for the petitioner submits that as per the story of the prosecution, two persons i.e. the petitioner and co-accused Nadeem were carrying black colour plastic bags and on seeing the police party, they threw their bags and started running away; that on suspicion, they were apprehended and total 6000 tablets of Alprasafe, i.e. 3600 and 2400 from the bags thrown by the petitioner and the co-accused respectively, were recovered; that the story of the prosecution is not believable, as the alleged recovery is shown to have been effected from a public place, but no independent witness was


 joined; that the mandatory provisions of Section 50 of the NDPS were not complied with; that as far as other cases under the NDPS Act and IPC are concerned, the petitioner is on bail in those cases and that the petitioner has been in custody since 24.09.2019. He also submits that when the samples were sent to the FSL, the same did not contain any batch number and only the homogenous mixture was required, but the same was not done. In support of his case, learned counsel for the petitioner relies upon the orders 19.11.2019, 07.02.2020, 19.11.2020, 19.07.2021, 02.09.2021, 10.09.2021 and 14.12.2021, passed by Coordinate Benches, in CRM-M29004-2019 titled as Amandeep Kaur @ Kalo Vs. State of Punjab, CRM-M2396-2020 titled as Rajwinder Singh @ Raju Vs. State of Punjab, CRM-M14595-2020 titled as Sharna Ram Vs.

State of Punjab, CRM-M-16150-2021 titled as Balwinder Singh Vs. State of Punjab, CRM-M-35056-2020 titled as Gurpreet Singh @ Preet Vs. State of Punjab, CRM-M-40614-2020 titled as Sandeep Singh @ Seepa Vs. State of Punjab, and CRM-M-35372-2020 titled as Rohit Soni Vs. State of Punjab.

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