CRM No. M-23786 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-23786 of 2009
Date of decision: 27.8.2009
Jasbir Singh and another ...Petitioners
Versus
State of Punjab and others ...Respondents
CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Sunil Agnihotri, Advocate, for the petitioners.
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 Sections 15, 25, 29,
61, 85 of Narcotic Drugs and Psychotropic Substances Act, 1985 at
Police Station Civil Lines, Batala, vide FIR No.96 dated 25th May, 2008.
The FIR was lodged due to recovery of 210 Kgs of poppy
straw from a truck.
Learned counsel for the petitioners argued that the
petitioners have been in custody since 25th May, 2008. There is no
direct evidence to link the petitioners with the alleged recovery of
contraband. He, therefore, deserves to be enlarged on bail.
I have heard learned counsel for the petitioners and given
careful thought to the facts of the case.
In my considered view, in view of the quantity of
contraband, alleged to have been recovered from the truck, Section 37
CRM No. M-23786 of 2009 2
of the NDPS Act would be attracted to the present case. Merely because
the petitioners have been in custody since 25th May, 2008, does not
entitle them to be enlarged on bail pending trial.
I, thus, find no ground for enlarging the petitioners on bail.
The petition is hereby dismissed.
(RAJAN GUPTA)
JUDGE
August 27, 2009
‘rajpal’