Judgment:
105 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-4176 of 2014 (O&M) Date of decision: February 04, 2014 Vicky Singh and another ...Petitioners Versus State of Punjab ...Respondent CORAM: HON'BLE Mr.JUSTICE INDERJIT SINGH Present: Mr.P.S.Hundal, Sr.Advocate with Mr.Dinesh Trehan, Advocate, for the petitioneRs.**** INDERJIT SINGH, J.
This petition has been filed under Section 438 Cr.P.C.for grant of anticipatory bail to the petitioners in case FIR No.7/2014 dated 12.01.2014 under Section 15 of the NDPS Act, 1985, registered at Police Station Sadar, Sunam, District Sangrur.
Learned counsel for the petitioners contends that petitioners have not been apprehended on the spot.
They have been falsely implicated in the present case and 55 kgs.
of poppy husk is shown from the rehri attached with the scooter.
Learned counsel for the petitioner cited order passed by this Court on 21.01.2014 in CRM No.M-31180 of 2013 titled as Gian Singh versus State of Punjab, wherein, on similar facts, bail has been granted.
I have gone through the record and have heard learned counsel for the petitioneRs.Gulati Vineet 2014.02.06 16:09 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-4176 of 2014 -2- From the record, I find that as per the FIR, 55 kgs.
of poppy husk has been recovered, which is a commercial quantity and Section 37 of the NDPS Act, bars the grant of bail in case of commercial quantity.
As per the FIR, the ASI has identified both the petitioneRs.As regarding the order cited by learned counsel for the petitioneRs.I find that the Co-ordinate Bench in the facts and circumstances of that case granted bail in the case of commercial quantity but in that order, Section 37 of the NPDS Act has not been discussed.
Therefore, there is also no ground to refer this case to a larger Bench as argued by learned counsel for the petitioneRs.Keeping in view the fact and circumstances of the present case, I do not find it a fit case where petitioners are entitled to benefit of anticipatory bail.
Therefore, the present petition is dismissed.
February 04, 2014 (INDERJIT SINGH) Vgulati JUDGE Gulati Vineet 2014.02.06 16:09 I attest to the accuracy and integrity of this document Chandigarh