Single judge dismissed bail petition under section 37 of the NDPS Act. Commercial quantity of narcotic recovered precludes bail grant despite delay assertions.
Petitioner's bail petition dismissed; no bail granted.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No.M-28355 of 2012 Date of Decision: 17.9.2012
Mahinder Singh
... Petitioner
vs.
State of Punjab
... Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. C.L. Verma, Advocate for the petitioner
VIJENDER SINGH MALIK,J
Mahinder Singh, the petitioner seeks regular bail in a case registered by way of FIR No. 103 dated 29.9.2010 at Police Station Sudhar, Ludhiana, District Ludhiana, for an offence punishable under section 15 of Narcotic Drugs and Psychotropic Substances Act, 1985(for short, the Act).
Learned counsel for the petitioner has submitted that the petitioner is in custody for the last about two years. According to him, the trial is also not progressing well. He has further submitted that despite the directions of this court given on an earlier occasion to expedite the trial, the trial does not stand expedited.
It is a case where 120 Kg of poppy husk has been recovered from the possession of the petitioner. It is a commercial quantity of poppy husk and the bail in a case where commercial quantity of narcotic or psychotropic substance is
=2=
Crl. Misc. No.M-28355 of 2012
recovered from the possession of the accused is governed by section 37 of the Act. Under section 37, the delay in trial is no ground for bail. Hence, I do not find the petitioner to be entitled to bail. The petition is consequently, dismissed.
September 17,2012 ( VIJENDER SINGH MALIK ) Jiten JUDGE
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving commercial quantity of poppy husk where delay in trial is the only ground advanced.
Whether delay in trial can be a ground for granting bail in cases under section 37 of the NDPS Act.
1 provisions across 1 enactments
Mahinder Singh
State of Punjab
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
