This judgment dismisses a bail petition filed by an accused accused of possessing four kilograms of opium. The Court held that as the quantity was commercial, the petitioner is not entitled to bail under Section 37 of the NDPS Act, dismissing the plea in limine without opining on merits.
Bail petition dismissed in limine.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No. M-11458 of 2013
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Case No. : Crl. Misc. No. M-11458 of 2013
Date of Decision : May 21, 2013
Jaswant Singh @ Tinku
.... Petitioner
Vs.
State of Punjab .... Respondent
CORAM : HON'BLE MR. JUSTICE L. N. MITTAL
Present : Mr. Rajeev Dev Sharma, Advocate for Mr. P. S. Dhaliwal, Advocate for the petitioner.
L. N. MITTAL, J. (Oral) :
Accused Jaswant Singh @ Tinku has filed this petition for bail in case FIR No.79 dated 04.10.2012, under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short – NDPS Act), registered at Police Station Sadar Sunam, District Sangrur.
I have heard counsel for the petitioner and perused the case file. According to the prosecution version, four kilograms of opium was recovered from the petitioner.
The quantity of the contraband substance being commercial
Crl. Misc. No. M-11458 of 2013
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one, the petitioner is not entitled to bail in view of Section 37 of the NDPS
Act.
Accordingly, without meaning to express any opinion on merits
of the case, the instant bail petition is dismissed in limine.
May 21, 2013
monika
( L. N. MITTAL ) JUDGE
1 issue framed by the court
Whether a petitioner accused of holding commercial quantity of narcotics is entitled to bail under Section 37 of the NDPS Act.
1 provisions across 1 enactments
Jaswant Singh @ Tinku
State of Punjab
L. N. Mittal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
