Allowed

Jasvir Kaur v. State of Punjab

Punjab & Haryana HC1 Mar 2012CRM-M/3878/2012

Case brief

AI extract

What is this about?

This bail petition under Section 439 Cr.P.C., filed by Jasvir Kaur in an NDPS case involving contraband, was allow. The court fixed the seized Methaqualone quantity as non-commercial and the hero in as small, permitting regular bail subject to court satisfaction.

What did the court decide?

Petition allowed. Petitioner released on bail to the satisfaction of the Chief Judicial Magistrate, Mansa.

Jasvir Kaur Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2012)

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Crl. Misc.-M No. 3878 of 2012 -: 1 :-

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc.-M No. 3878 of 2012 Date of decision: March 01, 2012.

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Jasvir Kaur

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... Petitioner(s)

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State of Punjab

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... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Shri Manjit Singh Uppal, Advocate, for the petitioner.

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Shri A.S. Jattana, Additional Advocate General, Punjab.

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Kanwaljit Singh Ahluwalia, J. (Oral):

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Present petition has been filed under Section 439 Cr.P.C. for the grant of regular bail to the petitioner in a case arising out of FIR No.146 dated 29.8.2011, registered at PS City Mansa, District Mansa, under Sections 21/22/61/85 of the the Narcotic Drugs and Psychotropic Substances Act, 1985.

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It is not in dispute that from the petitioner 500 grams of intoxicating powder which was found to be Methaqualone and 3 grams of smack, which is commonly called heroine, were recovered. Psychotropic substance has been defined under Section 2(xxiii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the same reads as under:-

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“ (xxiii) “psychotropic substance” means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule”

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If some body keeps in his possession psychotropic substance without any valid licence or a permit, he is liable to be punished for offence

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Crl. Misc.-M No. 3878 of 2012 -: 2 :-

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under Section 22 of the Act and for having in possession heroine, which is also called smack, as per Section 2(xvi), for possession of opium derivative, the offence is punishable under Section 17 of the Act. As per the Table under sub-clause (vii)(a) and (xxiii)(a) of Section 2 of the Act, introduced with effect from 19.10.2001, smack i.e., heroine contained at entry No.56, any quantity less than 5 grams is a small quantity. In the present case, it is 3 grams. As per Section 17(a), maximum imprisonment for the possession of small quantity is six months RI and fine, which may extend to Rs.10,000/-.

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Methaqualone has been given at entry No.161 in the said Table. If the quantity is more than 500 grams, it will constitute commercial quantity. A Division Bench of Himachal Pradesh High Court in Ratto v. State of Himachal Pradesh, 2004(1) RCR (Crl.) 501 was held that in case of charas, if one is in possession of one kilograms of charas, it will be non commercial quantity. Drawing the same analogy, it is contented that possession of 500 grams of Methaqualone is a quantity which is less than commercial quantity and, hence, the same will be punishable under Section 22(b) of the Act as the contravention involves lesser than commercial quantity but greater than small quantity, rigors of Section 37 are not applicable.

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Shri A.S. Jattana, learned Additional Advocate General, Punjab, on instructions from ASI Jagpal Singh, PS City Mansa, states that the petitioner is not a previous convict.

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Thus, taking into consideration that the petitioner was not in possession of commercial quantity, present petition is accepted. The petitioner is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Mansa.

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However, anything said herein shall not be construed as an expression of opinion on the merits of the case.

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March 01, 2012. kadyan

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[ Kanwaljit Singh Ahluwalia ] Judge

Jasvir Kaur v. State of Punjab

Case brief

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Jasvir Kaur v. State of Punjab

Case brief

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What did the court decide?

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