IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Criminal Misc. No. M-9086 of 2009
Date of decision: May 15, 2009
Kailasho Devi -Petitioner
Versus
State of Haryana -Respondent
Coram Hon'ble Mr. Justice Rajan Gupta
Present: Mr. KS Malik, Advocate, for the petitioner.
Mr. Tarun Aggarwal, Sr. DAG, Haryana.
Rajan Gupta, J.(Oral)
Mr. Malik submits that the petitioner is an old lady and she has
been accused of handing over a polythene bag containing 15 grams of Sulfa
(narcotic substance) to an undertrial. According to the counsel, the
recovery was, in fact, effected from the said undertrial, namely Suraj Pal.
Counsel further submits that the recovery of 15 grams of narcotic substance
falls under the head “small quantity” as would be clear from Entry 23 of
Schedule to the Narcotic Drugs & Psychotropic Substances Act.
Learned State counsel (on instructions from ASI Daya Nand,
who is present in Court) submits that pursuant to order dated April 01,
2009, the petitioner has joined the investigation and is no longer required
for custodial interrogation.
In view of this, the instant petition is allowed. The petitioner is
granted the concession of anticipatory bail subject to the conditions as
envisaged under Section 438(2) Cr.P.C.
[Rajan Gupta]
Judge
May 15, 2009.
‘ask’