Punjab-Haryana High Court
Simranjeet Singh vs State Of Punjab And Others on 12 December, 2011
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CRM-M-21492 of 2011
Date of Decision:12.12.2011
Simranjeet Singh ...
Petitioner
Versus
State of Punjab and others ...
Respondents
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CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: Mr.Viney Puri, Advocate,
for the petitioner.
Mr.A.S. Rai, DAG, Punjab.
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RAKESH KUMAR JAIN, J.
This is a petition for bail pending trial in a case registered vide FIR No.25 dated 10.3.2011 under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') at Police Station Division No.2, District Jalandhar.
The recovery is of medicine from the petitioner without any license or a bill. The net weight of the said medicine/psychotropic substance has been found to be of commercial quantity.
Learned counsel for the petitioner has submitted that it is the pure drug content which is to be seen and not the entire weight of the medicine for the purpose of deciding as to whether it falls within the commercial quantity or non-commercial quantity. However, in view of the notification No.S.O.2941(E) dated 18.11.2009 and the decision of this Court passed in CRM-M-20589 of 2011 titled as "Gurinder Singh Vs. The State of Punjab" decided on 29.8.2011, it is not the pure drug content which is to be seen but the entire weight is to be considered and since the entire weight of the recovered psychotropic drug is more than commercial quantity, therefore, the petitioner cannot be granted bail in view of Section 37 of the NDPS Act. Hence, the present bail application is hereby dismissed.
(RAKESH KUMAR JAIN) DECEMBER 12, 2011 JUDGE Vivek