Pasho Bai v. State Of Punjab

CRM-M-38383-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-38383-2018 Date of decision: 07.09.2018 Pasho Bai ..... Petitioner

Versus

State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Parvesh Sachdeva, Advocate for the petitioner. Mr. Davinder Bir Singh, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) 1.

Through this petition under Section 439 Cr.P.C., petitionerPasho Bai, has prayed for grant of regular bail in case FIR No. 103 dated 15.07.2018 registered under Section 22 of the Narcotic Drugs and Psychotropic Substance Act (for short- 'the Act') at Police Station Sadar Fazilka, District Fazilka.

2.

According to the prosecution, the petitioner was apprehended with 200 tablets Alprasafe and 270 loose tablets. 3.

Learned counsel inter alia contends that FSL report has not been received qua alleged recovery from the petitioner. Therefore, at this stage, it cannot be said that the petitioner was carrying some contraband. He prays that petitioner may be granted bail till the receipt of FSL report. 4.

Learned State counsel fairly admits that the FSL report has RISHU KATARIA 2018.09.07 19:03 I attest to the accuracy and integrity of this document

CRM-M-38383-2018 -2not yet been received.

5.

Till the FSL report is received, it cannot be presumed that the aforesaid 200 tablets Alprasafe recovered from the petitioner falls within the definition of "narcotic substance/contraband" under the Act. Therefore, without expressing any opinion on the merits of the case, petitioner-Pasho Bai, is granted interim bail till the date of receipt of FSL report, subject to her furnishing adequate bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. 6.

The instant petition stands disposed of, accordingly. September 07, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No RISHU KATARIA 2018.09.07 19:03 I attest to the accuracy and integrity of this document