Dalbir Singh @ Beeru v. State Of Punjab

CRM-M-46770-2021

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-46770-2021

Reserved on: 10.01.2022

Pronounced on: 04.02.2022 Dalbir Singh @ Beeru

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Ankur Malik, Advocate for the petitioner. Mr. Sidakmeet Singh Sandhu, AAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 15.07.2020 Nangal, District 15 of NDPS Act Rup Nagar 1.

The petitioner, incarcerating upon his arrest has come up before this Court seeking regular bail under Section 439 CrPC, for possessing a commercial quantity of poppy husk, in violation of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

2.

In paragraph 15 of the petition, it is declared that the accused has no criminal history.

3.

Ld. Counsel for the petitioner contends that the pre-trial incarceration would cause an irreversible injustice to the petitioner and family. 4.

While opposing the bail, the contention on behalf of the State is that drug menace is rapidly increasing.

REASONING:

5.

The quantity of poppy husk allegedly recovered from the temporary fuel tank of the truck allegedly possesses by the petitioner was 105 kg. Quantity of poppy husk greater than 50 kg falls in the category commercial quantity. 6.

In the present case, since the alleged quantity of the contraband recovered from ANJU RANI 2022.02.04 12:58 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH

CRM-M-46770-2021 the main accused falls in commercial quantity, the burden is on the petitioner to satisfy the twin conditions put in place by the Legislature under Section 37 of the NDPS Act, which he has failed to do.The grounds taken in the bail petition and discussed above, do not shift the burden placed by the legislature on the accused under S. 37 of the NDPS Act. Thus, the petitioner has failed to make out a case for bail. 7.

Petition dismissed in aforesaid terms. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE February 04, 2022 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No ANJU RANI 2022.02.04 12:58 I attest to the accuracy and integrity of this document HIGH COURT CHANDIGARH