Vijay Saini v. The State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-11209-2022 (O&M) Date of Decision: 22.03.2022 VIJAY SAINI



















STATE OF PUNJAB 
 



   

    
 



 
  Mr. Harbir Sandhu, AAG Punjab.

   



 




 
 


 



 
 

 


 
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$  Learned counsel for the petitioner submits that the alleged recovery of 4080 capsules of Pyeevon Spas Plus was effected from a scooty, driven by the petitioner; that the petitioner is not the registered owner of the said scooty and that the petitioner has been in custody since 04.07.2020.

On the other hand, while opposing the prayer for granting bail to the petitioner, learned State counsel submits that the recovery of 4080 capsules containing 2578 grams of Tramadol Hydrochloride, effected from the petitioner, is a commercial quantity and Section 37 of the NDPS Act bars the grant of bail to the accused in the case of commercial quantity.

AMAN JAIN 2022.03.23 19:14 I attest to the accuracy and authenticity of this document

CRM-M-11209-2022 (O&M) -2- #

 
 
 
  

 
   The recovery of contraband falls under the commercial quantity and Section 37 of the NDPS Act bars the grant of bail to the accused in the case of commercial quantity. Moreover, in view the nature of the offence committed by the petitioner, possibility of him again indulging himself in similar crime, if released on bail, cannot be ruled out.

In view of the above, no ground is made out to grant regular bail to the petitioner.

Dismissed.



     

 
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    AMAN JAIN 2022.03.23 19:14 I attest to the accuracy and authenticity of this document