Punjab-Haryana High Court
Sagar Kumar vs State Of Punjab on 6 February, 2014
Author: Surinder Gupta
Bench: Surinder Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-3719-2014
Date of Decision: 06.02.2014
Sagar Kumar
...... Petitioner
Versus
State of Punjab
...... Respondent
CORAM: HON'BLE MR.JUSTICE SURINDER GUPTA
Present : Mr. I.S. Mann, Advocate
for the petitioner.
Mr. Arshdeep Singh Kler, AAG, Punjab.
*****
SURINDER GUPTA, J.(Oral)
Heard.
As per the prosecution, the petitioner was apprehended by the police on 30.03.2013 and 50 grams intoxicating powder, which later on was found to be Diphenoxylate, as per the report of the Chemical Examiner.
The petitioner applied for bail before the Sessions Judge, Sri Muktsar Sahib, which was declined on the ground that 50 grams of contraband recovered from the petitioner falls in commercial quantity, as per entry No. 44, in the table, specifying small quantity and commercial quantity of contraband as per notification S.O. 1055(E) dated 19.10.2001, issued under Section 2(viia) and (xxiiia) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').
Learned State counsel has not disputed that the contraband was weighed along with the glazed paper. By excluding the weight of glazed paper even by milligrams, the quantity of recovered contraband shall not fall in category of "Commercial Quantity". Satyawan 2014.02.10 16:53 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRM-M-3719-2014 2 The term "Commercial Quantity" has been defined under Section 2(viia) of the Act, as follows :-
"commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette."
As per entry No. 44 in the table referred above, the quantity of more than 50 grams of Diphenoxylate falls in "Commercial Quantity".
Keeping in view all these facts and circumstances and without expressing any opinion on merits, the petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail bond and surety bond to the satisfaction of the trial Court/CJM, Sri Muktsar Sahib, subject to the following conditions :-
(i) He shall comply with the conditions mentioned in Section 437 (3) Cr.P.C.
(ii) In the event of his absence on any date of hearing, the benefit of bail allowed to the him shall stand withdrawn. The trial Court shall be competent to cancel his bail bond and surety bond and proceed to procure his presence in accordance with law. In that eventuality the applicant-appellant shall have to apply for bail afresh before the trial Court.
(iii) He shall not leave the country without the previous permission of the Court.
(SURINDER GUPTA) 06.02.2014 JUDGE 'Satyawan' Satyawan 2014.02.10 16:53 "I attested to the accuracy and integrity of this document"
High Court Chandigarh