Single judge of the Punjab and Haryana High Court dismissed a regular bail petition in an NDPS case involving smuggling of 480 kgs of poppy husk, holding that the petitioner did not merit bail.
Petition for regular bail dismissed without leave to follow.
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.
CRM No.M-30212 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-30212 of 2010(O&M) Date of Decision:08.11.2010
Jasbir Singh @ Pammu ......Petitioner
Versus
State of Punjab .....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Mr.Satnam Singh Gill, Advocate, for the petitioner.
Mr.Shilesh Gupta, Deputy Advocate General, Punjab.
MEHINDER SINGH SULLAR, J.(oral)
Petitioner-Jasbir Singh @ Pammu, has instituted the instant second petition for regular bail in a case registered against him along with his other coaccused, namely, Sukhbir Singh @ Bittu and Partap Singh @ Kala etc., vide FIR No.282 dated 18.09.2006, on accusation of having committed the offences punishable under Section 15 of the NDPS Act (for brevity “the Act”) and Section 279 IPC, by the police of Police Station Samana, District Patiala, invoking the provisions of Section 439 Cr.P.C.
CRM No.M-30212 of 2010
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AM, one Scorpio Jeep came from the side of Ram Nagar at a very high speed in a rash and negligent manner. Inspector/SHO signalled with the torch to stop the Jeep with the help of other police officials, but instead of stopping, its driver fled away by breaking the Barrier. He could not control and the vehicle hit against the standing tree. An extra number plate was also covered with the cover. The other accused were stated to have ran away from the place of occurrence taking the benefit of darkness. But the driver-Partap Singh @ Kala was apprehended by the police. On interrogation, he disclosed the name of the petitioner and other coaccused, who were carrying the poppy husk. After following the due procedure, the prosecution claimed that in the wake of search, 12 gunny bags, containing 40 kg. each of poppy husk (total 480 kgs.) were recovered from the Scorpio Jeep of the accused. After separating and sealing the sample, the remaining poppy husk was separately sealed.
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CRM No.M-30212 of 2010
containing 40 kg. each of poppy husk. There is no dispute with regard to the identity of the petitioner, as he was duly identified by the driver of the vehicle, who was apprehended at the spot. Learned State Counsel has submitted that the petitioner is previously involved in a similar case registered against him by virtue of FIR No.147 dated 03.07.2002 by the police of Police Station Bhawanigarh, District Sangrur, and another case, vide FIR No.111 dated 25.07.2005 by the police of Police Station Sadar Nabha, for the commission of offence punishable under Section 15 of the Act.
November 08, 2010 ( M EHINDER S INGH S ULLAR) seema JUDGE
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving smuggling of commercial quantity of poppy husk.
Whether the petitioner's previous acquittals in similar cases are grounds to grant bail in the instant case.
4 provisions across 3 enactments
Jasbir Singh @ Pammu
State of Punjab
Mehender Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
