Krishna Devi @ Guddi v. State Of Punjab

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

Criminal Misc. No.M-45191 of 2018 .....

Date of decision:01.03.2019 Krishna Devi alias Guddi

...Petitioner

v.

State of Punjab

...Respondent

....

Coram:

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

Present:

Mr. Fariad Singh Virk, 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.108 dated 8.7.2018 registered for the offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `the NDPS Act') at Police Station Sadar Samana, District Patiala.

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-45191 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. In the present case, as per prosecution version 500 Tablets were found in possession of the present petitioner, weight of each tablet came to 710 mg., containing salt Tramadol Hydrochloride. As per the Judge Special Court, Patiala, this quantity is a 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