Punjab-Haryana High Court
Ram Kumar vs State Of Punjab on 19 January, 2015
221 CRM No. 28673 of 2014 in
CRA-S-942-SB of 2014
Ram Kumar Vs. State of Punjab
Present: Mr. Sanjeev Patiyal, Advocate for the applicant.
Mr. Mehardeep Singh, DAG, Punjab.
Contends that 1200 capsules of Parvon Spas and 500 injections of
Oxytocin were recovered from the possession of three accused. The accused
were not known to each other. The alleged recovery was effected from the bus
stand, however, to make it a case of commercial quantity, the recovery effected
from three respective accused, were shown to be a single commercial quantity.
The applicant was found to be in possession of 700 Parvon Spas capsules,
which is a non commercial quantity.
On the other hand, the learned State counsel submits that the
contraband was recovered from the joint possession of the applicant and his co-
accused and the same is a commercial quantity.
Custody Certificate dated 29.10.2014, issued by Superintendent,
District Jail, Hoshiarpur, has been filed in the Court. The same is taken on
record. As per the custody certificate, the applicant has already undergone 01
year, 02 months and 22 days, out of the substantive sentence of 10 years,
awarded in case FIR No.168 dated 01.11.2012, under Section 22 of NDPS Act.
The present appeal was admitted on 03.03.2014, and is not likely to be decided
in the near future.
Admittedly, the recovery effected from the applicant is 700 Parvon
Spas capsules. The conscious possession with regard to the recovery of capsules
would be a moot point to be decided at the time of adjudication of the appeal.
Keeping in view the fact that the applicant/appellant has already undergone
substantive period of the sentence, without expressing any opinion on the merits
of the case, the present application is allowed and the sentence of the applicant-
appellant is suspended during the pendency of the appeal, on his furnishing bail
bonds to the satisfaction of CJM/Duty Magistrate, Hoshiarpur
The applicant shall also furnish bonds under Section 34 of the Act
and the Narcotic Drugs and Psychotropic Substances (Execution of Bond by
Convicts or Addicts) Rules, 1985.
19.01.2015 (JITENDRA CHAUHAN)
sumit.k JUDGE
KUMAR SUMIT
2015.01.1916:56 I attest to the accuracy and authenticity of this document