This High Court dismissed the petitioner's bail application in an NDPS case. The court held that the petitioner failed to satisfy the requirements of Section 37(1)(b)(ii) of the NDPS Act following recovery of drugs and the presentation of a prior case.
Bail application rejected; Special Court directed to conclude trial within six months.
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.
CRM-M No. 22718 of 2014 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M No. 22718 of 2014 (O&M) Date of decision : 19.12.2015 ...
Parveen Kumar ................Petitioner vs. State of Punjab .................Respondent
Coram: Hon'ble Mr. Justice Surya Kant Hon'ble Mr. Justice P.B. Bajanthri
Present: Mr. Vivek Goel, Advocate for the petitioner.
Ms. Reeta Kohli, Additional Advocate General, Punjab with Mr. Vaibhav Sharma, DAG, Punjab.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
P.B. Bajanthri, J.
Petitioner – Parveen Kumar seeks regular bail in the case FIR No. 129 dated 19.9.2013, under Sections 21/22/25/27A/29/61/85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter, for short “NDPS Act') and Sections 420, 467, 468, 471, 120-B IPC, registered at Police Station Division No. 6, Ludhiana,
District Ludhiana.
BANITA CHUGH 2015.12.23 11:41 I attest to the accuracy and authenticity of this document chandigarh
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(2) As per the allegations contained in the FIR, one ASI Kashmir Singh headed the police party, which was patrolling near Cheema Chowk, Ludhiana. They received a secret information that Nitin Goyal s/o Pawan Goyal and Pawan Goyal s/o Ruldu Ram, who were already involved in drug-trafficking, have opened Pharmaceutical Companies known as (i) H.L. Medicines; (ii) Shri Krishna Agencies and (iii) Atlas Pharmaceuticals alongwith their other partners in Ludhiana. Another person, namely, Deepak Soni has also joined hands with them and has set up a Pharmaceutical establishment known as B.G. Pharma at Pindi Estate, Ludhiana and all of them in connivance with each other are dealing in intoxicant medicines like tablets, capsules, syrups, injections and other intoxicant powders without bills, fake bills and by preparing forged documents and are involved in supplying huge quantities to various godowns and supply from there to Pindi Street, Ludhiana and other areas of Punjab to their customers without bills or fake bills with the help of transporters.
(3) Pursuant to secret information, FIR was registered and raids were conducted, whereupon 8,65,000 intoxicant capsules, 1,34,50,000 intoxicant tablets, 12000 intoxicant injections and 1400 intoxicant small bottles of syrup were recovered.
(4) The petitioner is running M/s Goyal Sales Corporation and he is stated to be 'wholesale chemist'. In support of the same, he has furnished license issued by the competent authority dated 9.3.2013 which is valid from 5.2.2012 to 4.2.2017. Petitioner's
BANITA CHUGH 2015.12.23 11:41 I attest to the accuracy and authenticity of this document chandigarh
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counsel contended that unnecessarily petitioner has been implicated in this case. The investigation has already been completed and challan has also been presented in Court but the completion of trial will take time, therefore, no useful purpose would be served by keeping the petitioner behind the bars. The petitioner had approached the Special Court, Ludhiana seeking for regular bail. The same was rejected on 17.12.2013 by the Special Court, Ludhiana. It was also contended that petitioner is neither a proclaimed offender nor a previous convict, therefore, he is entitled to regular bail.
(5) Per contra, learned State counsel contended that petitioner is the proprietor of M/s Goyal Sales Corporation, Shop No. 31, National Plaza, Pindi Street, Ludhiana. On 3.10.2013 his shop was raided and recovery of intoxicant drugs, namely, Capsules Parvon Spas 40072, Hyphodec 10, Capsules 2400, Piorex Cough Syrup 280 was effected. The petitioner could not give any document or proof of the lawful receipt of these intoxicant medicines. Therefore, he has violated the provisions of the NDPS Act. Recovery effected from the petitioner is a 'commercial quantity'. The petitioner is involved in one more case namely, FIR No. 150 of 2010 under Section 22/61/85 of the NDPS Act, Police Station City Jagraon, hence he is not entitled for bail.
(7) In view of the abovesaid factual aspects and position, the petitioner has miserably failed to satisfy the ingredients of Section 37 (1) (b) (ii) of the NDPS Act, hence the bail application is liable to
BANITA CHUGH 2015.12.23 11:41 I attest to the accuracy and authenticity of this document chandigarh
CRM-M No. 22718 of 2014 -4-
be rejected.
the trial within six months.
( Surya Kant ) ( P.B. Bajanthri ) Judge Judge December 19th , 2015. chugh
BANITA CHUGH 2015.12.23 11:41 I attest to the accuracy and authenticity of this document chandigarh
2 issues framed by the court
Whether the petitioner satisfied the ingredients of Section 37(1)(b)(ii) of the NDPS Act for granting bail.
Whether the recovery of intoxicant drugs from the petitioner's shop constitutes a commercial quantity violating the NDPS Act.
1 provisions across 1 enactments
Parveen Kumar
State of Punjab
Surya Kant
P.B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
