Sukhwinder And ANR v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-29556 of 2016 (O&M) Date of Decision: September 06, 2016 Sukhwinder and another

...Petitioners

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Gourav Jain, Advocate for the petitioners.

**** INDERJIT SINGH, J.

Petitioners have filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.11 dated 08.01.2016 under Section 21C, 27A of the NDPS and Section 18-C of Drugs and Cosmetics Act, 1940 registered at Police Station City Tohana, Tehsil and District Fatehabad. Notice of motion.

On asking of the Court, Mr.Vikramjit Singh, Addl. Advocate General, Haryana, who is present in the Court, accepted notice on behalf of the respondent-State and contested the petition. I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. Police record is also available.

From the record, I find that as per the FIR, from the Ford Figo Vineet Gulati 2016.09.09 10:10 I attest to the accuracy and authenticity of this document Chandigarh car, in which the petitioners were also travelling and were apprehended by

CRM No.M-29556 of 2016 -2the police along with non-applicant, 80 bottles of Corex along with other intoxicants have been recovered.

The copy of the FSL report has been placed on the record. In view of the report of the FSL, the recovery from the present petitioners falls under commercial quantity. Section 37 of the NDPS Act bars the grant of bail to the accused in the case of commercial quantity. Therefore, finding no merit in the present petition, the same is dismissed.

September 06, 2016 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2016.09.09 10:10 I attest to the accuracy and authenticity of this document Chandigarh