The High Court of Punjab and Haryana dismissed a regular bail petition in a narcotics trial. Justice Alka Sarin held that recovery of 1100 tablets totaling near 450 grams constituted commercial quantity, making it an unfit case for bail.
Petition dismissed; bail denied. No opinion expressed on merits of the case.
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205
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-21044-2021 Date of decision : 02.06.2021
Buta Singh
... Petitioner(s)
Versus
State of Punjab
... Respondent(s)
CORAM: HON'BLE MRS. JUSTICE ALKA SARIN
Present: Mr. Gaurav Sidhu, Advocate for the petitioner.
Mr. Hittan Nehra, Addl. AG Punjab.
ALKA SARIN, J. (ORAL)
Taken up through video conferencing.
This is a petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.57 dated 20.06.2020 under Sections 22, 29, 61, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Zira.
Learned counsel for the petitioner would contend that the petitioner has falsely been implicated in the present case and further that the co-accused has since been granted bail by this Court in CRM-M No.7572 of 2021.
Learned counsel for the State on instructions from ASI Dilbag Singh has contended that the petitioner was apprehended at the spot along with 1100 intoxicant tablets of Clovidol-100 SR containing salt Tramadol Hydrochloride and the total weight of the same comes to 448.67 grams, which clearly falls within the category of commercial. Learned counsel for the State has further pointed out that that bail granted to the co-accused in CRM-M No.7572 of 2021 was on the basis that the co-accused had been nominated on the basis of the disclosure statement of the petitioner herein.
YOGESH SHARMA 2021.06.02 14:54 I attest to the accuracy and integrity of this document
CRM-M-21044-2021
-2-
Heard learned counsel for the parties.
In the present case, the petitioner was apprehended at the spot with 1100 intoxicant tablets of Clovidol-100 SR containing salt Tramadol Hydrochloride and the total weight of which comes to 448.67 grams which clearly falls within the category of commercial quantity. Further the reliance by learned counsel for the petitioner on the order granting bail to the co-accused in CRM-M No.7572 of 2021 is wholly misplaced inasmuch as a perusal of the said order clearly reveals that co-accused therein was granted bail only on the ground that the petitioner therein had been nominated on the disclosure statement of the petitioner herein. It has further been noticed in the said order that recovery also was from the conscious possession of Buta Singh i.e. petitioner herein.
In view of the above, I do not find this to be a fit case for grant of regular bail to the petitioner. Accordingly, the present petition is dismissed.
It is also made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case.
NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO
YOGESH SHARMA 2021.06.02 14:54 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petitioner is entitled to regular bail under Section 439 CrPC.
Whether commercial quantity of narcotics renders the case a fit case for bail.
Colour shows how this judgement treated each authority
CRM-M No.7572 of 2021Referred¶16
2 provisions across 2 enactments
Buta Singh
State of Punjab
Alka Sarin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
