Kashmir Singh v. State Of Punjab

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M- 38547 of 2015 .....

Date of decision:30.11.2015 Kashmir Singh

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. M.K. Singla, Advocate for the petitioner. Ms. Simsi Dhir Malhotra, Deputy Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this second petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.131 dated 14.12.2014 registered for the offence under Sections 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the Act') at Police Station Banur, District Patiala.

Notice of motion to Advocate General, Punjab. On the asking of the Court, Ms. Simsi Dhir Malhotra, learned Deputy Advocate General, Punjab has put in appearance on behalf of the respondent-State and contested this petition. I have heard learned counsel for the petitioner and learned HARPAL SINGH PARMAR 2015.12.03 10:24 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-38547 of 2015 [2] Deputy Advocate General, Punjab appearing for the respondent-State and have gone through the record.

From the record, I find that this is second petition filed for grant of regular bail. As per the prosecution version 40 bottles of RanodexRanbaxy along with 1334 strips of Lomotil tables were recovered. A perusal of the FIR shows that the recovery falls in commercial quantity and Section 37 of the Act bars the grant of bail in the case of commercial quantity. Therefore, this petition is dismissed. As the petitioner is in custody for the last about one year, the learned trial Court is directed to expedite the trial. November 30, 2015.

(Inderjit Singh) Judge *hsp* HARPAL SINGH PARMAR 2015.12.03 10:24 I attest to the accuracy and authenticity of this document Chandigarh