Single Judge Bench granted regular bail to accused Rahul Mehra in NDPS case where seizure was marginally commercial in quantity and no other case existed.
Petitioner awarded regular bail to be released to satisfaction of competent Magistrate.
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.
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CRM-M No.38892 of 2015
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH .
CRM-M No.38892 of 2015
Date of Decision:-10.12.2015
Rahul Mehra .
......Petitioner.
Versus
State of Punjab .
......Respondent.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH
Present:Mr. Deepak Aggarwal, Advocate for the Petitioner.
Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab along with ASI Jaswant Singh.
JASWANT SINGH, J (ORAL)
Prayer is under Section 439 Cr.PC read with Section 167 (2) Cr.PC for grant of regular bail to the petitioner Rahul Mehra in case FIR No.115 dated 04.05.2015 for offence punishable under Section 22 of the NDPS Act registered with Police Station Kotwali, District Bathinda.
There is a recovery of 13 vials of Rexcof Cough Syrup of 100ml each from his conscious possession.
Learned Counsel for the petitioner submits that if the millimeters are converted to Kilograms it comes to 1.2 Kgs and the recovery of the contraband above 1 Kg is commercial, therefore, the alleged recovery in the present case is marginally commercial
RAJINDER PRASHAD JOSHI 2015.12.11 13:41 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
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CRM-M No.38892 of 2015
and in the light their being no other case under the NDPS Act prays for grant of regular bail.
Petitioner is stated to be in custody since 4.5.2015 and the challan has been presented. Concededly the quantity of recovery is marginally commercial.
Learned State Counsel on instructions from ASI Jaswant Singh does not controvert the fact that though recovery is commercial in nature but only marginally higher and also does not dispute the custody period, that challan presented and that there is no other case under the NDPS Act registered against the petitioner.
Without commenting on the merits of the case, in the light of the recovery being marginally higher to the specified quantity being declared as commercial in nature and the fact that there is no other case under the NDPS Act against the petitioner, this Court finds that petitioner-accused deserves the concession of regular bail and as such he is ordered to be released on bail to the
satisfaction of learned CJM/Duty Magistrate, Bathinda.
Petition stands disposed of.
( JASWANT SINGH ) JUDGE
December 10, 2015 Vinay
RAJINDER PRASHAD JOSHI 2015.12.11 13:41 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
2 issues framed by the court
Whether bail should be granted to the accused in a narcotics offence where the recovery quantity is marginally commercial and no other case exists under the Act.
Whether the quantity of contraband recovered qualifies as commercial and its impact on bail.
3 provisions across 2 enactments
Rahul Mehra
State of Punjab
JASWANT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
