Punjab-Haryana High Court
Bikram Singh @ Bikar vs State Of Punjab on 30 June, 2014
Author: T.P.S.Mann
Bench: T.P.S.Mann
Criminal Misc. No. M-19433 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-19433 of 2014
Date of Decision:-30.06.2014
Bikram Singh @ Bikar
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present:- Mr. Rajbir Singh, Advocate
for the petitioner.
Mr. Navdeep Singh, Assistant A.G., Punjab.
T.P.S.MANN J.(Oral)
This is the second petition filed by the petitioner for the grant of regular bail, the first one having been dismissed as withdrawn on 22.4.2014 after the same was argued by learned counsel for the petitioner for some time.
As per the prosecution, 2100 tablets, which contained diphenoxylate hydrochloride as its active ingredient were recovered from the right pocket of the pant worn by the petitioner. Before effecting the recovery, S.I. Major Singh had apprised the petitioner that he had a right to be searched either in the presence of any Magistrate or a Gazetted Officer, who could be called at the spot and when the petitioner reposed faith in him and told that he could search him as well as his clothes, that Asija Vijay 2014.07.02 13:14 I attest to the accuracy and integrity of this document High Court,Chandigarh Criminal Misc. No. M-19433 of 2014 -2- during search, from the right pocket of the pant worn by the petitioner, recovery of alleged contraband was effected.
The quantity of the contraband recovered from the petitioner falls within the definition of 'commercial quantity'. Therefore, keeping in view the bar created by Section 37 of the NDPS Act, no ground is made out to release the petitioner on regular bail.
The petition is, accordingly, dismissed.
June 30, 2014 ( T.P.S.MANN )
Vijay Asija JUDGE
Asija Vijay
2014.07.02 13:14
I attest to the accuracy and
integrity of this document
High Court,Chandigarh