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Balwinder Singh alias Baljinder Singh alias Jiji vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 14 February 2002 · Citation: (2002) 3 CriminalCC 705 : (2002) 3 RCR(Criminal) 556

HON’BLE JUDGES
R.C. Kathuria, J
ACTS & SECTIONS REFERRED
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 15
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous 49300-M of 2001
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Judgment

3 paragraphs · 195 words

R.C. Kathuria, J.—Petitioner Balwinder Singh alias Baljinder Singh alias Jiji seeks bail in F.I.R. No.212 dated 19.8.2000 u/s 15of the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as (''the Act'') registered at Police Station Focal Point, Ludhiana, District Nawansahar.

2.

As per prosecution allegation, recovery of 10 Kg. of poppy-husk was made from the possession of the accused-petitioner when he was intercepted by ASI Harbans Singh on 19.8.2000 in the presence of witnesses in the area of Jamalpur near Central Jail, Ludhiana. It has not been disputed by the State Counsel that recovery made is not of a commercial quantity in terms of the notification dated 19.10.2001 issued by the Central Government. Admittedly, the case is still under investigation. It is also manifest from the record that the petitioner-accused has been in custody since the date of his arrest.

3.

Keeping in view in the totality of the circumstances of the case brought on record and the period for which the accused-petitioner has been in custody, this petition is accepted. The petitioner-accused shall he admitted to bail by the trial Judge/Chief Judicial Magistrate. Ludhiana on his furnishing bail/surety bond to his satisfaction.