The High Court dismissed a bail petition underSection 439 CrPC for an accused charged underSections 15 and 25 of the NDPS Act. The court held that since 70 kgs of poppy husk were recovered from passengers in a car, the quantity fell under commercial limits, negating grounds for bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M- 20607 of 2010 (O&M) Date of decision: 22.9.2010
Balihar Singh
......Petitioner
Versus
State of Punjab
.......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.B.S.Malik, Advocate, for the petitioner.
Ms.Rajni Addl.A.G, Punjab. ****
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. 27 dated 11.3.2010, under Sections 15 and 25 Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Nabha District Patiala.
The allegation against the petitioner is that he was travelling in a car driven by his co-accused and two bags of poppy husk weighing 35 kgs each were recovered from the car.
Learned counsel for the petitioner has submitted that since 70 kgs of poppy husk was recovered from two persons, at the most it could be said that the petitioner was in possession of 35 kg
Criminal Misc. No.M- 20607 of 2010 (O&M) -2-
of poppy husk and the said quantity comes under the non commercial quantity.
Learned State counsel, on the other hand, has opposed this petition.
After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed.
Two bags of poppy husk were recovered from the car in which the petitioner was travelling. At this stage, it cannot be said that one bag belongs to each of the accused. Since the contraband recovered from the petitioner and his co-accused falls within the commercial quantity, no ground for grant of bail to the petitioner is made out.
Accordingly, this petition is dismissed.
(SABINA) JUDGE
September 22, 2010 anita
2 issues framed by the court
Whether bail should be granted in a case involving commercial quantity of poppy husk under Sections 15 and 25 NDPS Act.
Whether recovery of contraband from a vehicle carrying multiple accused automatically attributes possession to each individual.
2 provisions across 2 enactments
Balihar Singh
State of Punjab
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
