Criminal Misc. No. M-17948 of 2009 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
Criminal Misc. No. M-17948 of 2009
Date of Decision:12.10.2009
Sheikher Singh alias Shera
.....Petitioner
Vs.
State of Punjab
.....Respondent
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:- Mr. Pardeep Rajput, Advocate for the petitioner.
Mr. Arshvinder Singh, Deputy Advocate General, Punjab.
****
HARBANS LAL, J.
This petition has been moved by Sheikher Singh alias
Shera under Section 439 of the Code of Criminal Procedure seeking his
regular bail in case FIR No.8 dated 11.2.2009 registered under Sections
22/25/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for
brevity, `the Act’) at Police Station D- Division, Amritsar.
The facts in brief are that on 11.2.2009 in pursuance of secret
information, 255 grams of smack was recovered from the possession of the
petitioner.
I have heard the learned counsel for the parties, besides
perusing the record with due care and circumspection.
Learned counsel for the petitioner submitted with full force that
as per the Chemical Examiner’s report, the percentage of Diacetyle
Morphine in the recovered substance was found to be 23.64 which
Criminal Misc. No. M-17948 of 2009 -2-
obviously falls within the definition of non-commercial quantity and that
being so, in view of the observations rendered by the Division Bench of this
Court in re: Anup Gupta v. State of Punjab, 2008(4) Recent Criminal
Reports (Criminal) 390, the petitioner may be admitted to bail.
Learned State Counsel maintained that the whole lot of the
recovered substance is to be taken into consideration and the same being
250 grams of smack, no case is made out for grant of bail to the petitioner.
I have well considered the rival contentions. In re: E. Micheal
Raj v. Intelligence Officer, Narcotic Control Bureau, 2008(2) Recent
Criminal Reports (Criminal) 597, it has ruled by the Apex Court that “It
is the quantity of content of narcotic drug, which is relevant for determining
whether it will constitute small quantity or commercial quantity.” In re:
Anup Gupta (supra), chemical analysis revealed that contraband contained
5% of Heroin. It was held that total quantity of Heroin thus comes to 25
grams, which is less than commercial quantity. The accused would be
convicted considering that recovery was 25 grams and not 500 grams.
The trial is not likely to be concluded within a measurable
distance of time. In view of the afore-quoted law, the petitioner is admitted
to bail to the satisfaction of the learned Chief Judicial Magistrate, Amritsar.
October 12, 2009 ( HARBANS LAL ) renu JUDGE