Jai Dev v. Union Of India Through Ncb Chandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-43872-2021 (O&M) Date of Decision: 23.05.2022 JAI DEV




















UNION OF INDIA THROUGH NCB CHANDIGARH 
 



   

    


 

   
 

 

     



 










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 AMAN JAIN 2022.05.25 17:28 I attest to the accuracy and authenticity of this order/judgment

CRM-M-43872-2021 (O&M) -2- 


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that the recovered contraband i.e. 6.840 kilogram of Charas, effected from the petitioner and his co-accused, falls under the commercial quantity and Section 37 of the NDPS Act bars the grant of bail to the accused in the case of a commercial quantity. She further submits that the recovery was effected from the rear light, at the driver side, of the car, which was opened at the spot with the help of a screw driver. It is, thus, submitted that the petitioner, who was sitting in the said car, cannot be said to be not knowing about the substance being hidden in the rear light of the car.

I have heard the learned counsel for the parties. The recovery of the contraband effected from the car, in which the petitioner was sitting in the rear seat, falls under the commercial quantity and Section 37 of the NDPS Act bars the grant of bail to the accused in the case of commercial quantity. Therefore, I do not find any ground to grant concession of regular bail to the petitioner.

Dismissed.

 

     

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    AMAN JAIN 2022.05.25 17:28 I attest to the accuracy and authenticity of this order/judgment