Petitioner sought bail for possession of 70 grams of opium under Section 18 of NDPS Act while serving sentence in another NDPS case. Court granted bail without commenting on merits, noting custody duration exceeds four months.
Petitioner granted bail subject to satisfaction of Chief Judicial Magistrate/Duty Magistrate, Ferozepur.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-10259 of 2013 Date of decision : May 29, 2013
Balraj Singh
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Sanjeev Sharma, Advocate, for the petitioner Mr. Gaurav Garg Dhuriwala, DAG, Punjab
L.N. Mittal, J. (Oral)
Accused Balraj Singh has filed this petition for bail in case FIR No. 12 dated 12.1.2013 under sections 18 of the NDPS Act, Police Station City Ferozepur.
I have heard learned counsel for the parties and perused the
case file.
Petitioner was undergoing sentence in Jail in a case under section 18 of the NDPS Act relating to recovery of 500 grams opium. While in Jail, he was found in possession of 70 grams opium which is an issue in the instant case.
In the earlier case in which the petitioner was convicted, the
Criminal Misc. No. M-10259 of 2013
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petitioner has since been ordered to be released on bail during pendency of his appeal against his conviction and sentence vide order dated Annexure P/2 passed by this Court.
Learned State counsel on instructions from ASI Sukhmander Singh stated that the petitioner is in custody in the instant case since 21.1.2013 i.e. for more than 4 months. The quantity of alleged recovery of opium is 70 grams only.
Keeping in view the aforesaid but without commenting anything on merits, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Ferozepur.
( L.N. Mittal ) May 29, 2013 Judge 'dalbir'
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving possession of opium under section 18 of the NDPS Act.
1 provisions across 1 enactments
Balraj Singh
State of Punjab
L.N. Mittal
As recorded by the court registry
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