Petitioner driven a car in which one kilogram of heroin was recovered from the front passenger seat. Court held driver expected to know contents and denied bail under Section 37 NDPS Act due to commercial quantity.
Petition for bail dismissed; no regular bail granted.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-43666-2018 (O&M) Date of Decision:- 26.2.2020
Kapil Dev … Petitioner
Versus
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:Mr. Ranjan Lakhanpal, Advocate for the petitioner.
Mr. Randhir Singh Thind, Deputy Advocate General, Punjab, assisted by ASI Dhanwant Singh.
GURVINDER SINGH GILL, J
KAMAL KUMAR 2020.02.26 13:56 I attest to the accuracy and integrity of this document
2 CRM-M-43666-2018 (O&M)
besides him disclosed his name as Hardeep Kumar @ Deepak. Upon search of the vehicle, a black coloured plastic envelop containing one kilogram of 'heroin' was recovered from underneath the front passenger seat of the vehicle in question, for which the accused could not furnish any justifiable explanation.
KAMAL KUMAR 2020.02.26 13:56 I attest to the accuracy and integrity of this document
CRM-M-43666-2018 (O&M)
3
(Gurvinder Singh Gill) Judge
26.2.2020 kamal Whether speaking /reasoned Yes / No Whether Reportable Yes / No
KAMAL KUMAR 2020.02.26 13:56 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether regular bail can be granted to a driver in whom one kilogram of heroin was recovered from under the front seat while driving.
Whether the factors of commercial quantity and driver's role attract the stringent provisions of Section 37 of the NDPS Act.
1 provisions across 1 enactments
Kapil Dev
State of Punjab
Gurvinder Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
