Punjab-Haryana High Court
Banti Kaur @ Bhanti Kaur vs State Of Punjab on 2 August, 2021
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In The High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-4408-2021 (O&M)
Date of Decision:- 2.8.2021
Banti Kaur @ Bhanti Kaur .... Petitioner
Versus
State of Punjab ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. L.S. Sekhon, Advocate, for the petitioner.
Mr. Ajay Pal Singh Gill, DAG, Punjab,
assisted by ASI Jasvir Singh.
(Proceedings conducted through video conferencing)
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GURVINDER SINGH GILL, J. (Oral)
1. The petitioner has approached this Court seeking grant of regular bail in respect of a case registered against her vide FIR No.191, dated 8.10.2020, Police Station Cantt Bathinda, District Bathinda, under Section 22 of NDPS Act, wherein it is alleged that the petitioner was caught red-handed while carrying a transparent plastic polythene bag which was found to contain 1000 tablets of 'Clovidol'.
2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the instant case and that she has an unblemished record and is not involved in any other case and it is 1 of 3 ::: Downloaded on - 04-08-2021 05:23:04 :::
-2- CRM-M-4408-2021 (O&M) highly unlikely that any person who is carrying contraband would carry the same in a transparent bag so as to invite attention, including that the police.
3. Opposing the petition, learned State counsel has not disputed the fact that the contraband is alleged to have been carried in a transparent plastic polythene bag. He has however, submitted that the weight of the total recovered contraband works out to 410 grams of 'Tramadol' which would fall within the category of 'commercial quantity'. Learned State counsel has however, informed that the petitioner is not involved in any other case and has presently been behind bars since the last about 9 months and 17 days.
4. I have considered rival submissions addressed before this Court.
5. It is not disputed that the contraband was alleged to have been carried by the petitioner in a transparent polythene bag. It is certainly highly unlikely that a person who is committing an offence in respect of any contraband would do it in such a manner that his/her detection is inevitable. Carrying contraband in a transparent polythene bag making it clearly visible to others would surely invite attention of everybody who passes by. In these circumstances the case of the prosecution is rather rendered suspect particularly in view of the fact that the petitioner is not even stated to be a previous convict and is a lady who has been behind bars since the last about 9 months. In view of the aforesaid discussion particularly the fact that the petitioner is a lady and is not even a previous convict, the petition is accepted and the petitioner is ordered to be released on bail subject to her 2 of 3 ::: Downloaded on - 04-08-2021 05:23:04 :::
-3- CRM-M-4408-2021 (O&M) furnishing bail bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
2.8.2021 (GURVINDER SINGH GILL)
Mohan JUDGE
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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