Single judge dismissed bail petition challenging recovery of opium and poppy husk under NDPS Act. Court held recovery fell under commercial quantity, barring bail under Section 37.
Petition for regular bail under Section 439 Cr.P.C. dismissed as recovery was of commercial quantity attracting Section 37 bar.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-2755 of 2016 (O&M) Date of Decision: February 01, 2016
Balbir Singh alias Baba Singh
...Petitioner
VERSUS
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Krishan Sehajpal, Advocate for the petitioner.
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.16 dated 19.01.2015 under Section 15/18/61/85 of the NDPS Act, registered at Police Station Bhargo Camp, Jalandhar.
Notice of motion.
On the asking of the Court, Mr.P.S.Grewal, DAG, Punjab, accepts notice on behalf of the respondent-State and contests the petition.
I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record.
From the record, I find that the first bail application of the petitioner has already been dismissed on 09.09.2015 in view of the VINEET GULATIfact that 20 kgs. of poppy husk and 3 kgs. of opium were recovered 2016.02.09 15:50 I attest to the accuracy and authenticity of this document Chandigarh
CRM No.M-2755 of 2016
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from the petitioner and the recovery of opium falls under commercial quantity and Section 37 of the NDPS Act bars the benefit of bail.
As the recovery from the petitioner falls under commercial quantity, therefore, no ground is made out to grant benefit of bail to the petitioner as bar under Section 37 of the NDPS Act will apply in the present case.
Therefore, finding no merit in the present petition, the same is dismissed.
February 01, 2016 Vgulati
(INDERJIT SINGH) JUDGE
VINEET GULATI 2016.02.09 15:50 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the petitioner is entitled to grant of regular bail in a case involving commercial quantity of narcotic drugs under the NDPS Act.
3 provisions across 2 enactments
Balbir Singh alias Baba Singh
State of Punjab
INDERJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
