IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
Crl. Misc. No. M-20004 of 2011 (O&M)
Date of decision : 7.7.2011
Ranjit Singh @ Deepa ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. P.P. Sharma, Advocate for the petitioner.
Rajan Gupta, J. (oral)
This is a petition under Section 439 Cr.P.C. seeking regular
bail in a case registered against the petitioner under Section 21 of the
Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter
referred to be “the Act”) at Police Station Mandi Gobindgarh, District
Fatehgarh Sahib, vide FIR No.246 dated 25th November, 2010.
Learned counsel for the petitioner contends that statutory
provisions of the Act were not followed at the time of alleged recovery.
The petitioner is, thus, entitled to bail during the pendency of trial.
According to allegations, 500 grams smack was recovered
from the petitioner near the Octroi Post at Amloh Road, Gobindgarh.
Recovery of contraband effected from the petitioner being commercial
in nature, Section 37 of the Act would be attracted in the present case.
Under the circumstances, no case for bail is made out.
Dismissed.
(RAJAN GUPTA)
JUDGE
7.7.2011
‘rajpal’