Paramjit Kaur vs State Of Punjab on 16 March, 2009

 CRM No. M-32214 of 2008                     1



    IN THE HIGH COURT FOR THE STATES OF PUNJAB &
              HARYANA AT CHANDIGARH.

                                CRM No. M-32214 of 2008 (O&M)
                                Date of decision: 16.03.2009

Paramjit Kaur                                         ...Petitioner

                              Versus

State of Punjab                                       ...Respondent


CORAM:      HON'BLE MR. JUSTICE RAJAN GUPTA

Present:    Mr. Jagjit Singh, Advocate, for the petitioner.
            Mr. Shailesh Gupta, DAG, Punjab.

Rajan Gupta, J.

This is a petition for grant of regular bail in a case

registered at Police Station Mehatpur, Jalandhar, under Section 15 of

N.D.P.S. Act, vide FIR No.83 dated 12th July, 2008.

The allegation in the FIR is that a raid was conducted at the

house of the petitioner and two bags of poppy husk each containing 35

Kgs thereof, was recovered.

Learned counsel for the petitioner has submitted that no

independent witness was associated at the time of recovery and no

useful purpose will be served by keeping the petitioner in custody

during the pendency of the trial. The counsel has placed reliance on a

judgment of this Court in case reported as Chinder Vs. State of Punjab,

2008 (4) R.C.R. (Criminal) 512.

However, keeping in view the fact that Section 37 of the

N.D.P.S. Act would be applicable to the facts of the present case, the
CRM No. M-32214 of 2008 2

quantity of contraband being commercial in nature, I am of the

considered view that the petitioner is not entitled to the concession of

bail. The judgment relied upon by the counsel does not help the case of

the petitioner as provisions of Section 37 of the N.D.P.S. Act have not

been discussed in the same.

I, therefore, find no merit in this bail petition. The same is

hereby dismissed.

(RAJAN GUPTA)
JUDGE
March 16, 2009
‘rajpal’