Punjab-Haryana High Court
Gian Kaur vs State Of Punjab on 1 March, 2013
Author: Jitendra Chauhan
Bench: Jitendra Chauhan
CRM No.M-1209 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M-1209 of 2013
Date of decision: 1.3.2013
Gian Kaur
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Prateek Pandit, Advocate for the petitioner
Mr.Mehardeep Singh, DAG, Punjab assisted by
ASI Kulwant Singh
****
Jitendra Chauhan, J. (Oral)
By filing the present petition under Section 439 of the Code of Criminal Procedure, the petitioner has sought regular bail in case FIR No. 135, dated 30.10.2012, registered under Sections 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') at Police Station Subhanpur, District Kapurthala.
Learned counsel refers to Section 50(4) of the Act and submits that alleged recovery was effected in contravention of the provisions of the said Section. He further submits that the petitioner has been falsely implicated in the present case. She is 75 years of age. She is in custody since 30.10.2012.
On the other hand, the learned State counsel opposes the prayer of the petitioner. He further submits that the petitioner was CRM No.M-1209 of 2013 2 searched by Constable Darshana Devi alongwith other police officials. He further informs that the petitioner is also involved in seven other cases under the NDPS Act and she is a habitual offender.
Heard.
Perusal of FIR does not suggest that there was any female member in the police party, which allegedly arrested the petitioner. The recovery of two kilogram poppy husk was effected from the petitioner. Though, the antecedents of the petitioner are against her, but keeping in view facts that the name of Darshana Devi is not mentioned in the FIR; recovery of two Kgs. of poppy husk; she is 75 years and is in custody since 30.10.2013, the present petition deserves to be allowed.
Without expressing any opinion on merits of the case, the present petition is allowed. The petitioner is ordered to be released on bail during the pendency of the trial subject to furnishing the bail bonds to the satisfaction of the learned CJM/ Duty Magistrate, Kapurthala.
1.3.2013 (JITENDRA CHAUHAN) gsv JUDGE