Petitioner sought regular bail under Section 439 CrPC for possession of poppy husk alleged to be commercial quantity. Court rejected bail as record failed to satisfy statutory safeguards for non-bailable offences under NDPS Act involving commercial quantity.
Petition for regular bail under Section 439 CrPC dismissed.
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Criminal Misc. No. M-20578 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-20578 of 2009 Date of Decision:21.10.2009
Gurtej Singh @ Lally
.....Petitioner
Vs.
State of Punjab
.....Respondent
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:Mr. Ankur Mittal, Advocate for the petitioner.
Mr. T.S. Salana, Deputy Advocate General, Punjab.
HARBANS LAL, J.
This petition has been moved by Gurtej Singh @ Lally under Section 439 of the Code of Criminal Procedure seeking his regular bail in case FIR No.3 dated 5.1.2009 registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, `the Act') at Police Station Dehlon, District Ludhiana.
The facts in brief are that on 5.1.2008, the petitioner was apprehended in the area of Village Karangwal Kalan while he was carrying in his Indica Car No.DH-3-CU-3024 two plastic bags containing 26 Kgs poppy husk each without any permit or licence. After observing due formalities, he was put under arrest.
I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.
Learned counsel for the petitioner submitted with great eloquence that the quantity of poppy husk allegedly recovered from the
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Criminal Misc. No. M-20578 of 2009
possession of the petitioner is marginally above the commercial quantity. He further puts that the weight of two empty gunny bags by all probabilities would have been two kilograms and that being so, in fact the quantity works out to 50 Kgs.
I have well considered this submission. By no process of reasoning, the weight of each empty gunny bag could exceed 500 grams. Thus, the weight of both the empty gunny bags can be taken at the most to be 1 Kg. Despite that, recovered quantity falls within the definition of commercial quantity. Section 37 of the Act reads as under:-
“[37. Offences to be cognizable and non-bailable. -- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) --
(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
Criminal Misc. No. M-20578 of 2009
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(2) The limitation on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973(2 of 1974) or any other law for the time being in force, on granting of bail.]”
It has been obviously couched in the language of this Section that the accused under the provisions of this Act can be admitted to bail provided the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. In the instant case, there being nothing on the record to satisfy these grounds, this petition is dismissed.
October 21, 2009 ( HARBANS LAL ) renu JUDGE
3 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 CrPC when the alleged quantity of poppy husk falls within the definition of commercial quantity under the NDPS Act.
Whether there are reasonable grounds to believe the petitioner is not guilty and unlikely to commit offences while on bail.
Whether the weight of empty gunny bags affects the determination of commercial quantity to warrant bail.
3 provisions across 2 enactments
Gurtej Singh @ Lally
State of Punjab
HARBANS LAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
