Gurpreet Kaur @ Gopi v. State Of Punjab

TAPINDER SINGH MANN 2016.03.22 17:22 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr. Misc. M 789 of 2016 Date of decision: 22.3.2016 Gurpreet Kaur @ Gopi Petitioner vs.

State of Punjab Respondent

Present:

Mr. Veneet Sharma, Advocate.

Ms. Simsi Dhir, DAG, Punjab.

M.M.S.BEDI,J.

A perusal of the FIR indicates that apparently it is debatable whether the petitioner, who is a lady, had committed an offence by keeping in her possession 200 capsules or she was found in possession of 100 grams of intoxicating powder. The petitioner remained on interim bail from 7.7.2014 to 23.11.2015. No witness has been examined till date despite the petitioner having been in custody since 23.11.2015 after receipt of report of Chemical Examiner. The powder alleged to have been recovered from the petitioner allegedly contained Diphenoxylate Hydrochloride. The petitioner being a lady and there being patent contradictions in the first and second part of the FIR regarding the contraband; no witness having been examined, she can be granted the concession of bail. The petition is allowed. The petitioner is ordered to be released on bail on her furnishing bail bonds/ surety bonds to the satisfaction of the trial court. In cas the petitioner is found committing the similar offence, the present order will be liable to be cancelled. March 22 ,2016 ( M.M.S.BEDI ) TSM JUDGE