of 2014 1 In the High Court for the States…
Petitioner released on bail upon furnishing bonds, with a condition to surrender if capsules are found to contain commercial quantity.
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In the High Court for the States of Punjab and Haryana at Chandigarh
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Anand Arora
..Petitioner
Versus
State of Punjab ..Respondent
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Present: Mr. S.K.Nanda, Advocate for Mr. Bhupinder Ghai, Advocate for the petitioner. Mr. G.S.Sidhu, AAG,Punjab for the respondent
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Heard.
As per case of the prosecution, 5 gms. Heroin and 1120 capsules of Parvon spas were recovered from possession of the petitioner. The quantity of the recovered heroin, indisputably, falls in non0commercial category and as regards the capsules, no report of chemical examiner to ascertain the contents could be shown during the course of hearing and it is submitted that no such report has yet been received.
In the circumstances, further incarceration of the petitioner who is in custody since 10.9.2013 is found to be unjustified. Consequently, petition is accepted and petitioner Anand
Kant Nirmal 2014.02.18 10:23 I am the author of this document high court chandigarh
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Arora son of Rajesh Kumar resident of Battan Lal Road, Near Railway Bridge, Mandi Gobindgarh, District Fatehgarh Sahib, is ordered to be released on bail on his furnishing personal/surety bonds to the satisfaction of the learned trial Court.
It is, however, made clear that in the event of some contraband is found to be there in the contents of the capsules, statedly, recovered from the petitioner and if the quantity is found to fall under commercial category, the petitioner shall have to surrender before the trial Court, failing which, he shall be liable to be re0 arrested.
February 17, 2014 (MAHAVIR S.CHAUHAN) nk ��������������� JUDGE
Kant Nirmal 2014.02.18 10:23 I am the author of this document high court chandigarh
2 issues framed by the court
Whether the petitioner should be released on bail given the lack of chemical examination report on the recovered capsules.
Whether the quantity of heroin warranted continued incarceration under the non-commercial category.
Anand Arora
State of Punjab
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
