Petitioner sought bail under Section 439 Cr.P.C. for an NDPS case involving recovery of 350 kgs of poppy husk. The learned Judge held that the heavy quantity attracts Section 37 of the NDPS Act, making the petitioner ineligible for bail. The prayer was dismissed.
The prayer for regular bail is dismissed.
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Crl. Misc. No. M-22870 of 2010 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH.
Crl. Misc. No. M-22870 of 2010 (O&M) Date of decision : 3.12.2010
Mander Singh
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. R.S. Bajaj, Advocate for the petitioner.
U.S. Dhaliwal, Addl. Advocate General Punjab.
Rajan Gupta, J. (oral)
This is a petition under Section 439 Cr.P.C. seeking regular bail in a case registered against the petitioner under Section 15/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Bagha Purana, District Moga, vide FIR No.62 dated 18th April, 2009.
Learned counsel for the petitioner contends that petitioner was sitting on the rear seat of the car at the time it was intercepted and thus, he is not responsible for commission of crime in any manner. He submits that no useful purpose would be served by detaining the petitioner in custody any longer.
Learned State counsel has, however, opposed the prayer for bail. He submits that ten bags of poppy husk each containing 35 Kgs. thereof were recovered from the car and the petitioner was found sitting on rear seat where five bags were lying.
Crl. Misc. No. M-22870 of 2010 2
In view of the heavy quantity of the contraband recovered, provisions of Section 37 of the NDPS Act would be attracted in the case. The trial is still in progress. I am of the considered view that the petitioner is not entitled to the concession of bail.
Dismissed.
(RAJAN GUPTA) JUDGE
3.12.2010 'rajpal'
3 issues framed by the court
Whether to grant bail in a case involving heavy quantity of poppy husk where Section 37 of the NDPS Act applies.
Whether the petitioner's claim of being a mere passenger exempts him from bail denial under the heavy quantity provision.
Whether bail should be granted during the pendency of the trial in a matter attracted to Section 37 of the NDPS Act.
3 provisions across 2 enactments
Mander Singh
State of Punjab
RAJAN GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
