Bail application dismissed as petitioners possessed a commercial quantity of opium. No grounds for bail under section 439 Cr.P.C were found despite allegations of false implication.
Bail application dismissed; no grounds for bail found under section 439 Cr.P.C.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-24277 of 2012 Date of decision: 03.12.2012
Gurmit Singh and Anr.
Petitioners
v.
State of Punjab and Others
Respondents
CORAM : HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. CL Pawar, Advocate for the petitioners
Mr. Mehardeep Singh, DAG, Punjab assisted by ASI Surinder Singh
JITENDRA CHAUHAN,J
The learned counsel for the petitioners submits that petitioners have been falsely implicated in the case and that no other case has been registered against them.
Learned State counsel submits that the quantity recovered from the petitioners is a commercial quantity and the petitioners are not entitled to the concession of bail.
As per the prosecution, petitioners were the occupants of the Indica Car bearing registration No. RJ-13CA-3408, from which 7 kg. Opium was recovered. The said quantity falls in the category of commercial quantity.
No ground for grant of bail under section 439 Cr.P.C is made out. Dismissed.
(JITENDRA CHAUHAN) JUDGE
3.12.2012 MS
3 issues framed by the court
Whether bail can be granted to petitioners falsely implicated in a narcotics case involving a commercial quantity of opium.
Whether grounds for bail exist under section 439 Cr.P.C given the commercial quantity of drugs recovered from the petitioners.
Whether the case relates to a writ petition or bail application contextually.
1 provisions across 1 enactments
Gurmit Singh and Anr.
State of Punjab and Others
JITENDRA CHAUHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
