Criminal Miscellaneous Matter allowing bail application dismissed. Court held that recovery of 105 kgs of poppy husk was commercial in nature and under Section 37 of NDPS Act, bail application was devoid of merit without expressing opinion on merits.
Bail application dismissed.
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Crl.M.No.M-1354 of 2013(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-1354 of 2013(O&M)
Date of Decision: January 30, 2013
Gursewak Singh and another
.....Petitioners
v.
The State of Punjab
.....Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Ashok Kumar Khunger, Advocate for the petitioners.
.....
RAM CHAND GUPTA, J.(Oral)
Crl.M.No.2496 of 2013
Application is allowed subject to all just exceptions.
Crl.M.No.M-1354 of 2013
The present petition filed under Section 439 Cr.P.C. is for grant of bail to the petitioners in case FIR No.75, dated 10.9.2012, under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the `Act') registered at Police Station Sadar, Abohar.
I have heard learned counsel for the petitioners and have gone through the whole record carefully, including the impugned order passed by learned Special Judge, Ferozepur, vide which application filed on behalf of the petitioners for bail was dismissed.
Brief allegations against petitioners-accused are that police party spotted some persons exchanging bags from one car to another. Hence, on suspicion, police party reached the spot. However, driver of one of the cars, i.e., swift car, ran away after dropping two plastic bags. The other car was apprehended. One of the present petitioners-accused was occupant of the said car and the other accused was standing near the said car. One bag of poppy husk was recovered from the said car and two bags, which were lying near the said car, were also checked. They were also found containing poppy husk. Hence, there is recovery of total 105 kgs of
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Crl.M.No.M-1354 of 2013(O&M)
poppy husk from the possession of petitioners-accused.
It has been vehemently contended by learned counsel for the petitioners-accused that it cannot be said that they were in possession of two bags of poppy husk, which were thrown from the other car. However, as per the prosecution version, there is specific allegation that bags were being transferred from one car to another. Hence, at this stage, it cannot be said that the present petitioners cannot be connected with the recovery of other two bags of poppy husk.
Hence, in view of the fact that recovery is commercial in nature and in view of the bar created under Section 37 of the Act, without expressing any opinion on the merits of the case,the present petition filed by petitioners- Gursewak Singh and Suraj Singh for grant of bail is, hereby, dismissed being devoid of any merit.
meenu
(Ram Chand Gupta) Judge
30.1.2013
2 issues framed by the court
Whether bail should be granted to accused in cattle smuggling case under NDPS Act.
Whether accused can be connected with recovery of 105 kgs poppy husk recovered from their car.
2 provisions across 2 enactments
Gursewak Singh
Suraj Singh
The State of Punjab
Ram Chand Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
