Petitioner sought regular bail in an NDPS case involving possession of 400 Kgs of poppy husk, categorized as commercial quantity. The court held no case for bail given the statutory presumption and lack of innocence evidence, dismissing the petition.
Petition for regular bail dismissed; no bail granted.
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Criminal Misc. No. M-1596 of 2009 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-1596 of 2009 (O&M) Date of Decision:10.02.2009
Rulda Singh
.....Petitioner
Vs.
State of Punjab
.....Respondent
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:Mr. Manoj Kumar Sood, Advocate for the petitioner.
JUDGMENT
HARBANS LAL, J.
This petition has been moved by Rulda Singh under Section 439 of Cr.P.C seeking regular bail in case FIR No.289 dated 21.6.2007 registered under Sections 60, 25, 15, 61, 85 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, `the Act') at Police Station Saddar, Patiala.
The facts in brief of the prosecution case are that on 21.6.2007 at 5:35 A.M in the area of Village Maine, the petitioner along with his two co-accused was found in possession of 10 bags containing 400 Kgs of poppy husk without any permit or licence.
I have heard learned counsel for the petitioner. As per the status report, the petitioner along with his co-accused has been chargesheeted under Section 15 of the Act. Section 37 of the Act reads as under:-
“[ 37. Offences to be cognizable and non-bailable. -- (1)
Criminal Misc. No. M-1596 of 2009 (O&M)
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Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)--
Needless to say, the poppy husk allegedly recovered from the unauthorised possession of the petitioner as well as his co-accused falls within the definition of `commercial quantity' in terms of notification dated 19.2.2001 issued by the Central Government. There is nothing on the record to satisfy the Court that the petitioner is non-guilty of the offence
Criminal Misc. No. M-1596 of 2009 (O&M)
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punishable under Section 15 of the Act or that he is not likely to commit any offence while on bail. In these premises, no case is made out for grant of bail. Hence, this petition is dismissed.
February 10, 2009 renu
( HARBANS LAL ) JUDGE
Whether to be referred to the Reporter? No
2 issues framed by the court
Whether to grant regular bail to the petitioner under Section 439 Cr.P.C in a case involving commercial quantity of poppy husk under Section 15 NDPS Act.
Whether the statutory bars on bail under Section 37 of the NDPS Act are satisfied in the instant case.
3 provisions across 2 enactments
Rulda Singh
State of Punjab
Harbans Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
