Single judge rejected regular bail application in NDPS case involving 700g heroin recovery, ruling that commercial quantity precludes bail under Section 22.
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 18285 of 2010 (O&M) Date of decision: 26.8.2010
Narinder Singh
......Petitioner
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.R.P.Dhir, Advocate, for the petitioner.
SABINA, J.
This petition has been filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in case FIR No. 276 dated 5.10.2009, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar Hoshiarpur.
The allegation against the petitioner is that he was found in possession of 200 grams of heroine on 5.10.2009. On the basis of disclosure statement suffered by the petitioner during investigation, 500 grams of heroine was recovered on 10.10.2009.
After hearing learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be dismissed.
Criminal Misc. No.M- 18285 of 2010 (O&M) -2-
In the present case, 700 grams of heroine has been recovered from the petitioner. As per the report of the Forensic Science Laboratory (Annexure P-3), from parcel No.1, 50.24% and from parcel No.2, 50.31% Diacetylmorphine was found present. Since the commercial quantity of heroine has been recovered from the petitioner, no ground for grant of bail to the petitioner is made out.
Accordingly, this petition is dismissed.
(SABINA) JUDGE
August 28, 2010
anita
2 issues framed by the court
Whether bail in a case of possession of commercial quantity of drugs under Section 22 NDPS Act should be granted.
Whether recovery of commercial quantity of heroine negates any ground for bail.
2 provisions across 2 enactments
Narinder Singh
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
