Sanjay And Another v. State Of Haryana

CRM-M-6919-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-6919 of 2019 (O&M) Date of Decision: August 26, 2019.

Sanjay and another ..........PETITIONER(s).

VERSUS

State of Haryana ........RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sunil Kumar Goswami, Advocate for Mr. Sandeep Kotla, Advocate for the petitioner (s).

Ms. Dimple Jain, A.A.G. Haryana.

******* SURINDER GUPTA, J.(Oral) The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioners in case FIR No.232 dated 06.07.2018 registered for the offences punishable under Sections 15, 20 of Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Madlauda Panipat.

Learned counsel for the petitioners submits that though the recovery of 72 kg of Ganja and 4 kg 500 grams of poppy-husk was effected from the vehicle. The share of petitioner Ram Mehar alias Mehar Singh as per his disclosure statement is only 18 Kg of Ganja, which falls in noncommercial quantity. Learned State counsel submits that three persons were going in a car which was being driven by petitioner Sanjay carrying the contraband, SACHIN MEHTA 2019.08.26 17:21 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-6919-2019 -2which was in their joint conscious possession, as such, recovery cannot be segregated on the basis of disclosure statement of accused. Keeping in view the fact that the recovery is of commercial quantity of contraband, I find no reason to extend the benefit of regular bail to the petitioners, at this stage.

This petition has no merits. Dismissed.

( SURINDER GUPTA ) August 26, 2019 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2019.08.26 17:21 I attest to the accuracy and authenticity of this document High Court, Chandigarh