Dismissed

Raj Kumar Alias Raju v. State of Punjab

Punjab & Haryana HC15 May 2012CRM-M/11451/2012

Case brief

AI extract

What is this about?

In a bail petition filed under Section 439 Cr.P.C. regarding recovery of narcotic drugs classified as commercial quantity under the NDPS Act, the Special Court previously dismissed the application. Justice Ram Chand Gupta dismissed the second application as devoid of merit without expressing an opinion on the merits or without applying notice.

What did the court decide?

The petition under Section 439 Cr.P.C. for grant of regular bail is dismissed.

Raj Kumar Alias Raju Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2012)

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Crl.M.No.M-11451 of 2012(O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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Crl.M.No.M-11451 of 2012(O&M) Date of Decision: May 15, 2012

Raj Kumar alias Raju

.....Petitioner

State of Punjab

.....Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

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Present: Mr.J.S.Khiva, Advocate for the petitioner.

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.......

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RAM CHAND GUPTA, J.(Oral)

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Crl.M.No.23325 of 2012

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Application is allowed subject to all just exceptions.

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Crl.M.No.M-11451 of 2012

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The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.179, dated 7.10.2011, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short `the Act') registered at Police Station City-I, Mansa, District Mansa.

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I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Judge, Special Court, Mansa, vide which application filed on behalf of the present petitioner for regular bail was dismissed.

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This is second application for regular bail filed on behalf of petitioner-accused before this Court. His earlier bail application for bail was got dismissed as withdrawn vide order dated 22.2.2012 passed in

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Crl.M.No.M-11451 of 2012(O&M)

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Crl.M.No.M-5164 of 2012.

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Brief allegations against petitioner-accused are that police party was on patrol duty when petitioner-accused was apprehended alongwith a bag in his hand. The same was searched and on search 1 kg narcotic powder was recovered from his possession. As per report FSL, it was found containing Diphenoxylate hydrochloride to the extent of 2.35% in the sample of 10 grams. As per notification issued vide Notification No.2941 (E) dated 18.11.2009, the entire mixture is to be considered and hence, recovery falls within the category of commercial quantity.

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Hence, in view of the bar created under Section 37 of the Act, petitioner is not entitled for bail.

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Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Raj Kumar alias Raju for grant of bail is, hereby, dismissed being devoid of any merit.

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(Ram Chand Gupta) Judge

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15.5.2012

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meenu

Raj Kumar Alias Raju v. State of Punjab

Case brief

What is this about?

What did the court decide?

Raj Kumar Alias Raju v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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