Full Judgment
Crl.M.not M-29718 of 2013(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.not M-29718 of 2013(O&M) Date of Decision: September 9, 2013 Bagga Singh alias Baggi .....Petitioner v.
The State of Punjab ......Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.M.S.Rai, Advocate for the petitioner....RAM CHAND GUPTA, J.(Oral) The present petition filed under Section 439 Cr.P.C.is for grant of bail to the petitioner in case FIR No.183, dated 17.10.2012, under Sections 16/1/14 of the Punjab Excise Act, 1914 and Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short the `Act') registered at Police Station Fazilka, District Fazilka.
I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Fazilka, vide which application filed on behalf of the present petitioner for bail was dismissed.
This is second application for bail filed on behalf of the petitioner-accused.
His earlier bail application was got dismissed as withdrawn vide order dated 2.4.2013 passed in Crl.M.not M-7655 of 2013.
It has been contended by learned counsel for the petitioner- accused that after dismissal of earlier bail application, challan has been filed against petitioner-accused and there are discrepancies in the statements of various witnesses.
However, as per prosecution version, intoxicating powder weighing 100 grams was recovered from the petitioner-accused.
As per report of Chemical Examiner dated 15.1.2013, the same was found containing Diphenoxylate, which is commercial in nature.
Hence, in view of Meenu the bar created under Section 37 of the Act, petitioner is not entitled for 2013.09.10 12:11 I attest to the accuracy and integrity of this document chandigarh Crl.M.not M-29718 of 2013(O&M) -2- concession of bail, at this stage.
In view of these facts, and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Bagga Singh alias Baggi for grant of bail is, hereby, dismissed being devoid of any merit 9.9.2013 (Ram Chand Gupta) meenu Judge Meenu 2013.09.10 12:11 I attest to the accuracy and integrity of this document chandigarh