Petitioner sought bail under Section 439 CrPC after investigation completion in an NDPS case involving commercial quantity recovery. Court held quantity attracted commercial provisions, denied bail, and dismissed petition.
Petition for regular bail discharged with costs dismissed.
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Criminal Misc. No. M-13839 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-13839 of 2011 Date of decision : 06.07.2011
Sukhraj Singh @ Sukha
....Petitioner
V/s
State of Punjab
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Sunil Toni, Advocate for the petitioner.
RAJAN GUPTA J. (ORAL)
This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 163 dated 01.09.2010 under Sections 22 & 21(61), 85 of the NDPS Act at Police Station Lopoke, District Amritsar Rural, Punjab.
Learned counsel for the petitioner contends that petitioner is in custody since September, 2011, investigation of the case has been completed and thus he is entitled to be enlarged on bail. Heard.
It appears that in the recovery effected from the petitioner 18,600 capsules were recovered each containing 64.8 mg of dextropropoxyphene hydrochloride. The said drug falls within the entry at serial no. 33 of the Schedule. The quantity of contraband recovered from
Criminal Misc. No. M-13839 of 2011
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the petitioner being commercial in nature, Section 37 of the Act would be attracted to the instant case.
In view of above, there is no merit in the present petition and
the same is hereby dismissed. July 06, 2011 (RAJAN GUPTA) Ajay JUDGE
2 issues framed by the court
Whether a petitioner charged with offences under commercial trafficking of narcotic drugs is entitled to regular bail after investigation completion.
Whether the recovery of 18,600 capsules of dextropropoxyphene hydrochloride attracts Section 37 of the NDPS Act rendering bail inapplicable.
3 provisions across 2 enactments
Sukhraj Singh @ Sukha
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
