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2004 DIGILAW 406 (PNJ)

Sukhwinder Kaur alias Rodi v. State of Punjab

2004-04-01

RAJIVE BHALLA

body2004
JUDGMENT Rajive Bhalla, J. - The petitioner seeks regular bail in case First Information Report No. 7 dated January 26, 2004, registered against her under Sections 15/16/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), at Police Station, Amargarh, District Sangrur. 2. Learned counsel for the petitioner contends that the recovery effected from the petitioner is of 34 kilograms of poppy husk, which is a non-commercial quantity, and does not attract the provisions of Section 37 of the Act. He further states that the petitioner is a lady with three minor children. One child, who is a few months old, is staying with the petitioner in jail. Counsel for the petitioner further contends, that there is no family member to look after the minor children staying at her home. They are at the mercy of relatives and friends. The petitioner has been falsely implicated. 3. Taking into consideration the afore-mentioned facts and circumstances, but without expressing any opinion on the merits of the case, I accept this petition and grant bail to the petitioner to the satisfaction of the Chief Judicial Magistrate/Duty Magistrate, Sangrur. Petition allowed.