High Court of Punjab and HaryanaCRM-M/18509/2016dismissed

Ajay Gupta v. State Of Haryana

2016-09-20Mrs. Justice Raj Rahul Garg2 pages

CRM-M-18509-2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-18509-2016 Date of Decision:- 20.09.2016 Ajay Gupta ....Petitioner

Versus

State of Haryana ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Dhivya Jerath, Advocate for the petitioner.

Mr. D.K. Singla, DAG, Haryana.

**** RITU BAHRI, J. (Oral) Present petition is for release of petitioner on regular bail in FIR No.29 dated 21.01.2016, under Sections 312, 313 and 511 IPC and Sections 3, 4 and 5 of MTP, Act and Section 22 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Farakpur, District Yamuna Nagar.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He is the licensed stockiest and the drugs recovered from his possession are not banned drugs. So, he be released on regular bail.

Learned State counsel has informed that since the commercial quantity of contraband was recovered from the possession of the petitioner , Naresh Kumar 2016.09.21 16:25 I attest to the accuracy and integrity of this document Chandigarh therefore, he is not entitled to the concession of regular bail.

CRM-M-18509-2016 -2I have heard the learned counsel for the parties and with their able assistance gone through the material available on record. Since, the commercial quantity was recovered from the possession of the petitioner, so, the mandatory provisions of the NDPS Act, are fully applicable to the instant case. Accordingly, the petitioner is not entitled to the benefit of regular bail and the bail application filed by him is hereby dismissed.

September 20, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.09.21 16:25 I attest to the accuracy and integrity of this document Chandigarh