Parveen Kumar v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-39481-2020(O&M) Date of decision : 02.12.2020 Parveen Kumar ... Petitioner(s)

Versus

State of Punjab ... Respondent(s)

CORAM:

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Narinder Kumar Beniwal, Advocate for the petitioner. Ms. Jaspreet Kaur, AAG, Punjab.

**** ALKA SARIN, J. (ORAL) Heard through video conferencing.

The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.198 dated 26.06.2020 under Sections 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Phillaur, District Jalandhar, Punjab.

In the present case, recovery from the present petitioner is 85 injections of Avil 10 ml each and 85 injections of Buprenorphine 2ml each. Learned counsel for the petitioner has contended that the petitioner has falsely been implicated in the present case and further that he is HIV (Human Immunodeficiency Viruses) Positive and that he has been getting treatment for the last 10 years from the Civil Hospital, Jalandhar. Notice of motion.

YOGESH SHARMA 2020.12.03 10:16 I attest to the accuracy and integrity of this document

CRM-M-39481-2020(O&M) -2On the asking of the Court, Ms. Jaspreet Kaur, AAG, Punjab, who has joined the session through video conferencing, accepts notice on behalf of the respondent-State and on instructions from Sukhwinder Pal Singh has stated that 85 injections of Buprenorphine 2ml each fall under commercial quantity. She has further stated that the petitioner is been given the treatment that he requires and in future also, whatever treatment is required, the same would be given to the petitioner as per Jail Rules. In the present case, the recovery of 85 injections of Buprenorphine 2ml each falls under the category of commercial quantity. Further, no ground for grant of bail has been made out. In view of the above, I do not find this to be a fit case for grant of regular bail to the petitioner and accordingly the present petition is dismissed.

It is, however, made clear that any observation made herein shall not be treated as an expression of opinion on the merits of the case. ( ALKA SARIN ) JUDGE 02.12.2020 Yogesh Sharma NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO YOGESH SHARMA 2020.12.03 10:16 I attest to the accuracy and integrity of this document