Petitioner sought regular bail in an NDPS case involving 10.70 grams heroin. Court rejected plea noting petitioner is a habitual offender in 9 other cases, likely keeping quantities non-commercial to evade rigors of Section 37.
Regular bail plea dismissed; petition dismissed.
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201
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-15215 OF 2021 DATE OF DECISION: 20.01.2022
Gurmeet @ Meeta …Petitioner
Versus
State of Haryana …Respondent
CORAM : HON’BLE MR. JUSTICE ARUN MONGA
Present : Mr. V.B. Godara, Advocate, for the petitioner.
Mr. Saurabh Mohunta, DAG, Haryana.
(Presence marked through video conference).
ARUN MONGA, J. (ORAL)
This is second foray of the petitioner before this Court, seeking regular bail in FIR No.101 dated 16.03.2020 registered under Sections 21(b)/27-A of the NDPS Act, at Police Station Sadar, Fatehabad. 2. Per FIR, on 16.03.2020, SI Mahabir Singh along with fellow police officials saw a young person walking and on seeing the police party, he turned back swiftly. He was apprehended and disclosed his name as Gurmeet @ Meeta. Upon suspicion of having some contraband in his possession, notice under Section 50 of NDPS Act, was served upon him by the Investigating Officer and accordingly, Shri Subhash Chander, Deputy Superintendent of Police, Head Quarter Fatehabad was informed who reached the spot. Thereafter, search of the accused was conducted and one pouch containing 10.70 grams of heroin was recovered from the
SHALINI BHATIA 2022.01.21 12:24 I attest to the accuracy of this order.
right pocket of his jeans. The same was converted into parcel which was sealed. Separate seizure memo was prepared. FIR was registered and upon interrogation, he disclosed that he purchased 11 grams of heroin from Raju @ Jaswinder for a sum of Rs.11,000/-. The said co-accused Raju @ Jaswinder was also arrested. After completion of investigation, challan against the accused was presented in Court.
cases including 04 under NDPS Act. The allegations against the petitioner
are more serious than co-accused Raju @ Jaswinder, who has, in any case, been implicated on the basis of a disclosure statement. It seems that petitioner, each time, very smartly keeps only non-commercial quantity in his possession in order to have an alibi that he is not indulging in any commercial activity.
JANAURY 20, 2022 (ARUN MONGA) Shalini JUDGE
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
SHALINI BHATIA 2022.01.21 12:24 I attest to the accuracy of this order.
2 issues framed by the court
Whether regular bail should be granted to a petitioner charged with non-commercial possession of heroin who is a habitual offender in 09 other cases including 4 under the NDPS Act.
Whether the petitioner is entitled to bail on the grounds that the recovered quantity was non-commercial and based on parity with a co-accused who was granted bail.
3 provisions across 1 enactments
Gurmeet @ Meeta
State of Haryana
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
