CRM No. M-24835 of 2009 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
CRM No. M-24835 of 2009 (O&M)
Date of decision: 5.9.2009
Rakesh Kumar ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. S.S. Goraya, Advocate, for the petitioners
Rajan Gupta, J.
The petitioner has preferred this petition for regular bail in
a case registered against him under Sections 21/61/85 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to be
as “the Act”) at Police Station Division No.1, Pathankot, vide FIR
No.31 dated 30th April, 2009.
The allegation in the FIR is that on 30th April, 2009, when
the petitioner was stopped by police party near Khari bridge in
Pathankot, he was found to be carrying a heavy polythene bag in his
right hand. On seeing the police party, he got scared and tried to turn
back. The police, however, searched the bag and found 920 grams of
intoxicating powder therein. Thus, a case under Section 21/61/85 of the
Act was registered.
The petitioner had applied for bail before the Special Judge,
Gurdaspur. However, the same was rejected.
CRM No. M-24835 of 2009 2
Learned counsel for the petitioner has argued that the
petitioner has been falsely implicated in the case and there is non-
compliance of Section 50 of the Act.
I have heard learned counsel for the petitioner and given
careful thought to the facts of the case.
The contention regarding false implication and non-
compliance of Section 50 of the Act can only be subject matter of trial.
In view of the fact that quantity recovered from the petitioner is
commercial in nature, Section 37 of the Act would be attracted to the
case.
I, thus, find no ground to enlarge the petitioner on bail. The
petition is hereby dismissed.
(RAJAN GUPTA)
JUDGE
September 05, 2009
‘rajpal’