High Court of Punjab and HaryanaCRM-M/32312/2016dismissed

Bholu Khan @ Harbhol Khan v. State Of Punjab

2016-10-06Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-32312 of 2016 (O&M) Date of Decision: October 06, 2016 Bholu Khan @ Harbhol Khan

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Satnam Singh Gill, Advocate for the petitioner.

Ms.Shivali, Asstt. Advocate General, Punjab for the respondent-State.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.30 dated 28.02.2016 under Section 15 of the NDPS Act registered at Police Station Chhajli, District Sangrur. Notice of motion was issued and learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. From the record, I find that as per prosecution version, a raid was conducted at the outer house of the present petitioner. The petitioner on seeing the police party, slipped away from that place but he was duly identified by two police officials of the police party. As per prosecution Vineet Gulati 2016.10.07 15:30 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-32312 of 2016 -2version, 70 kgs. of poppy husk has been recovered from there, which falls under commercial quantity. Section 37 of the NDPS Act bars the grant of bail to the accused in the case of commercial quantity. Keeping in view the facts and circumstances of the present case, without discussing the facts in minute detail and without expressing any opinion on the merits of the case and in view of the fact that the recovery falls under commercial quantity, I do not find it a fit case where petitioner is entitled to benefit of anticipatory bail. Therefore, finding no merit in the present petition, the same is dismissed.

October 06, 2016 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2016.10.07 15:30 I attest to the accuracy and authenticity of this document Chandigarh