IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-2944 of 2009
Date of decision : August 28, 2009
Amarjit Singh alias Amar Singh
....Petitioner
versus
State of Punjab
....Respondent
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. JP Singh, Advocate, for the petitioner
Mr. Gaurav Garg Dhuriwala, AAG Punjab
L.N. Mittal, J. (Oral)
Amarjit Singh alias Amar Singh has filed this petition for bail
in case FIR No. 196 dated 25.12.2007, under section 21 of NDPS Act,
Police Station Mamdot, District Ferozepur.
I have heard learned counsel for the parties and perused the
case file.
According to the prosecution version, one kilogram heroin was
recovered from the petitioner and three kilograms from his co-accused son.
Learned counsel for the petitioner vehemently contended that
police party of Narcotic Cell, Amritsar allegedly made recovery at
Ferozepur and the independent witness is also of district Tarn Taran and
although the petitioner and his son were allegedly caught at Dhaba, no
person from there was joined.
Criminal Misc. No. M-2944 of 2009 -2-
Learned State counsel on the other hand contended that
quantity of heroin is of commercial quantity and therefore, the petitioner
does not deserve the concession of bail. It was also contended that Deputy
Superintendent of Police, a gazetted officer from Ferozepur district also
witnessed the recovery.
Keeping in view the aforesaid but without commenting
anything on the merits, I am of the view that the petitioner does not deserve
the concession of bail. The bail petition is accordingly dismissed.
( L.N. Mittal )
August 28, 2009 Judge
'dalbir'