Punjab-Haryana High Court
Sera Singh vs State Of Punjab on 10 March, 2014
Author: T.P.S.Mann
Bench: T.P.S.Mann
Crl. Misc. No. M-7786 of 2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M-7786 of 2014
Date of decision: March 10, 2014
Sera Singh
.....Petitioner
VERSUS
State of Punjab
.....Respondent
CORAM: HON'BLE MR JUSTICE T.P.S.MANN
PRESENT: Mr P.S.Sekhon, Advocate
for the petitioner.
Dr Deipa Singh, Addl. Advocate General, Punjab
T.P.S .MANN, J. (Oral):
According to the prosecution, 700 tablets of Phenotil were recovered from the possession of the petitioner on 11.9.2013 when he was searched by ASI Dilbar Singh of Police Station, Dhanaula. He was taken into custody as he had committed an offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Learned counsel for the petitioner submits that as per the report of Forensic Science Laboratory, each of the tablets, which was sent as sample came to be weighed as 74 milligrams and, therefore, the total weight of 700 tablets would be 50.8 grams. The same is marginally more than the non-commercial quantity. Further, the petitioner is not involved in any other case. Investigation of the case is complete and challan presented but the trial Court has not taken up the case for consideration of charge.
Learned State counsel could not dispute the factum of the petitioner being found in possession of 50.8 grams of Phenotil which has Sharma Parmeshwar Dutt 2014.03.11 14:19 I attest to the accuracy and integrity of this document Chandigarh Crl. Misc. No. M-7786 of 2014 -2- Diphenoxylate hydrochloride as an active ingredient. After obtaining instructions from ASI Dilbar Singh, learned State counsel has informed the Court that the petitioner is not involved in any other case.
Without commenting on the merits, lest it may prejudice the case of either party, this Court is of the considered view that the petitioner deserves the concession of bail, during the pendency of the trial of the case.
Resultant, the petition is accepted. Bail to the satisfaction of Chief Judicial Magistrate, Barnala.
(T.P.S.MANN)
March 10, 2014 JUDGE
Pds.
Sharma Parmeshwar Dutt
2014.03.11 14:19
I attest to the accuracy and
integrity of this document
Chandigarh