Gurwinder Singh vs State Of Punjab on 8 July, 2014

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Punjab-Haryana High Court

Gurwinder Singh vs State Of Punjab on 8 July, 2014

Bench: T.P.S.Mann

  IN THE HIGH COURT OF PUNJAB AND HARYANA
                AT CHANDIGARH


                                             CRM M-20850 of 2014
                                    Date of Decision : July 08, 2014

Gurwinder Singh

                                                       .....Petitioner
                               VERSUS
State of Punjab

                                                     .....Respondent

CORAM: HON'BLE MR. JUSTICE T.P.S.MANN

Present :    Mr. Vivek Goel, Advocate

             Mr. A.S. Kler, Assistant A.G., Punjab

T.P.S. MANN, J. (Oral)

Prayer made in the petition is for the grant of regular bail to the petitioner in case FIR No. 42 dated 26.4.2013 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per the prosecution, the petitioner was found in possession of 7 packets of Lomotil DP tablets, each containing 100 tablets.

Learned counsel for the petitioner submits that as per the report of Forensic Science Laboratory, each sample tablet weighed 84 mg and, therefore, the total recovery of the contraband comes to 58.8 grams. The contraband was found to contain diphenoxylate as its active ingredient. Any quantity of CRM M-20850 of 2014 -2- contraband of more than 50 grams containing diphenoxylate as its active ingredient would bring it within the definition of commercial quantity. However, the alleged recovery from the petitioner is marginally more than the non-commercial quantity.

After obtaining instructions from ASI Kulwant Singh, learned State counsel has informed the Court that the petitioner is not involved in any other case, much less under the provisions of the NDPS Act.

Taking into consideration the fact that the petitioner is behind the bars since 26.4.2013 and the recovery effected is marginally more than the non-commercial quantity as well as the fact that the petitioner is not involved in any other case, this Court is of the considered view that the petitioner deserves the concession of bail.

Resultantly, the petition is accepted. Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Faridkot.





                                                                         ( T.P.S. MANN )
                         July 08, 2014                                         JUDGE
                         ajay-1




Kumar-I Ajay
2014.07.09 22:30
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