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2015 DIGILAW 2006 (PNJ)

Gurjant Singh v. State of Punjab

2015-11-02

NARESH KUMAR SANGHI

body2015
JUDGMENT Mr. Naresh Kumar Sanghi, J.: (Oral) - Prayer in this petition, filed under Section 439, Cr.P.C., is for grant of bail to the petitioner, Gurjant Singh, son of Kala Singh, resident of village Partap Singh Wala, Police Station Hebowal, District Ludhiana, who has been booked for having committed the offence punishable under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in a case arising out of FIR No. 81, dated 22.6.2015, registered at Police Station, Shambu, District Patiala. 2. Learned counsel contends that as per prosecution version, fifty-three kilograms of poppy husk was allegedly recovered from the petitioner, but it was not weighed properly since the bag containing the poppy husk was not separated at the time of weighing of the contents. He further contends that the contraband alleged to have been recovered from the petitioner was slightly above the non-commercial quantity. He further contends that the petitioner is neither required nor involved in any other case. The petitioner was allegedly arrested on 22.6.2015 and still the report from the Forensic Science Laboratory has not been received. Similar situate co-accused of the petitioner, namely,Varinder Singh, has been granted concession of bail by this Court vide order dated 13.10.2015 passed in CRM-M-34509-2015. 3. On the other hand, learned counsel for the State, on instructions from HC Darshan Singh, Police Station, Shambu, District Patiala, submits that commercial quantity of poppy husk starts beyond fifty kilograms and in the present case fifty-three kilograms poppy husk was allegedly recovered. However, he very fairly concedes that the report from the Forensic Science Laboratory has not been received so far. It has also been admitted that the petitioner is neither required nor involved in any other case. 4. In view of totality of the facts and circumstances of the case, the present petition is allowed. The petitioner, Gurjant Singh, son of Kala Singh, resident of village Partap Singh Wala, Police Station Hebowal, District Ludhiana, is directed to be released on bail during pendency of the trial of the present case subject to his furnishing bonds to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Patiala.