High Court granted regular bail to the petitioner accused of offenses under the NDPS Act. The court noted that the seized quantity of Onerex was not commercial and the period of custody was considerable.
Regular bail granted on furnishing bonds to the satisfaction of the trial court or duty 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.
CRM No. M-19961 of 2018
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-19961 of 2018 Date of Decision : 16.05.2018
Bhagwan Dass
...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE P.B.BAJANTHRI
Present: Mr. A.S.Khosa, Advocate for the petitioner.
Ms. Rajni Gupta, Senior DAG, Punjab.
P.B.BAJANTHRI, J.(ORAL)
Petitioner is seeking regular bail in FIR No.07 dated 01.02.2018, under Sections 22/61/85 NDPS Act, registered at Police Station Bahavwala, District Fazilka.
Learned counsel for the petitioner submitted that recovery of Onerex (Codeine) is 1000 ml which is not commercial quantity. Whereas Sessions Judge has dismissed bail application on 25.04.2018 and petitioner is not involved in any other case as is evident from the custody certificate.
Heard.
In view of the submissions of learned counsel for the petitioner, especially when the petitioner has been in custody for about 3 months and 13 days and recovery of Onerex is not commercial quantity, I deem it appropriate to grant the concession of regular bail to the petitioner.
Therefore, without expressing any opinion on the merits of the case, the instant petition is allowed. Petitioner, namely, Bhagwan Dass is
CRM No. M-19961 of 2018 2
ordered to be released on regular bail on his furnishing bonds to the satisfaction of trial Court/Duty Magistrate.
( P.B. BAJANTHRI ) 16.05.2018 JUDGE pooja saini Whether speaking/reasoned? Yes/No Whether reportable? Yes/No
2 issues framed by the court
Whether the petitioner is entitled to regular bail under sections 22, 61 and 85 of the NDPS Act.
Whether the recovery of 1000 ml of Onerex constitutes a commercial quantity.
1 provisions across 1 enactments
Bhagwan Dass
State of Punjab
P.B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
