Major Singh v. State Of Punjab

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

Criminal Misc. No.M-43379 of 2018 .....

Date of decision:01.03.2019 Major Singh

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

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

Present:

Mr. Sant Pal Singh Sidhu, Advocate for the petitioner. Mr. Dhruv Dayal, Senior Deputy Advocate General, Punjab for the respondent-State.

.....

Inderjit Singh, J.

The petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.41 dated 25.2.2018 registered for the offence under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the NDPS Act') at Police Station Adampur, District Jalandhar Rural.

Notice of motion was issued in this case.

Mr. Dhruv Dayal, learned Senior Deputy Advocate General, Punjab has put in appearance on behalf of respondent-State and contested this petition.

I have heard learned counsel for the petitioner and learned State HARPAL SINGH PARMAR 2019.03.05 14:43 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-43379 of 2018 [2] counsel and have gone through the record.

Learned counsel for the petitioner has not pressed his arguments on the law laid down by the Hon'ble Supreme Court in Mohan Lal v. State of Punjab, AIR 2018 SC 3853. From the record, I find that in the present case, 4 Kg. of Opium was recovered from the present petitioner which falls in commercial quantity, therefore, bar of Section 37 of the NDPS Act will apply in this case and the petitioner is not entitled to the benefit of bail.

Therefore, in view of the above discussion, I do not find any merit in this petition and the same is dismissed. March 01, 2019.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No HARPAL SINGH PARMAR 2019.03.05 14:43 I attest to the accuracy and authenticity of this document Chandigarh