High Court of Punjab and HaryanaCRM-M/31746/2017dismissed

Manjit Kaur Alias Bholi v. State Of Punjab

2017-09-05Mrs Justice Daya Chaudhary2 pages

-1CRM-M-31746 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-31746 of 2017 Date of Decision: 05.09.2017 Manjit Kaur alias Bholi ....Petitioner

Versus

State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Ms. Simsi Dhir Malhotra, Advocate, for the petitioner. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 438 Cr.P.C. prayer has been made for grant of anticipatory bail to petitioner Manjit Kaur in case FIR No.77 dated 23.06.2016 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act') registered at Police Station Garshankar, District Hoshiarpur. Learned counsel for the petitioner contends that there are violations of Sections 42 and 52-A of the Act as the sampling of the alleged narcotic was not done in the presence of the Magistrate. The story introduced by the prosecution that the driver of the vehicle, after taking out the glazed envelop, handed over to the petitioner, who is none other than the mother of the co-accused. Learned counsel relies upon the judgment of the Hon'ble Supreme Court in Union of India v. Mohanlal and another, 2016

(1) RCR (Criminal) 859.

Heard.

Considering over-all facts and circumstances, petitioner does not Ravinder Singh 2017.09.06 16:20 I attest to the accuracy and authenticity of this document deserve the concession of anticipatory bail. Narcotic substance falling

-2CRM-M-31746 of 2017 under the category of "commercial quantity" has been recovered from the petitioner in which minimum punishment is 10 years under the Act. Reliance of learned counsel for the petitioner on the judgment of Hon'ble Supreme Court in Mohanlal's case (supra) is mis-conceived as the prayer in the instant case has been made for grant of anticipatory bail. Dismissed.

(RAMENDRA JAIN) September 05, 2017 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2017.09.06 16:20 I attest to the accuracy and authenticity of this document