Crl. Misc No. M-15918 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc No. M-15918 of 2009
Date of decision : 10.11.2009
Bhagwant Singh
....Petitioner
V/s
State of Punjab
....Respondent
BEFORE : HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Inderjit Sharma, Advocate
for the petitioner.
Mr. Shailesh Gupta, DAG Punjab.
RAJAN GUPTA J. (ORAL)
This is a petition under Section 439 Cr.P.C. seeking pre-arrest
bail to the petitioner in a case registered vide FIR No. 139 dated 12.09.2008
under Sections 15/25/61/85 of the NDPS Act at Police Station Nahianwala,
District Bathinda.
Learned counsel for the petitioner has argued that petitioner has
been in custody for the last one year and trial has not been concluded till
now. According to the counsel, trial is likely to take some time to conclude,
no useful purpose would be served by detaining the petitioner in custody
during the pendency of the trial.
Learned counsel for the State has, however, opposed the prayer
for grant of bail on the ground that contraband recovered from the petitioner
is 80 kgs of poppy husk which is a commercial quantity. Learned counsel
further submits that out of 10 prosecution witnesses, 05 have already been
Crl. Misc No. M-15918 of 2009 2
examined and next date for recording of prosecution evidence is
20.11.2009.
Keeping in view the fact that contraband recovered from the
petitioner is commercial in nature, therefore, Section 37 of the Act would be
attracted to the present case. Even otherwise, trial is proceeding at a fairly
fast pace. Thus, no ground is made out to enlarge the petitioner on bail at
this stage.
Dismissed.
10.11.2009 (RAJAN GUPTA) Ajay JUDGE