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Gurmeet Singh vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 16 May 2017 · Citation: (2017) 3 RCRCriminal 300

HON’BLE JUDGES
Jitendra Chauhan, J.
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 389 · Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 15
RESULT
Allowed
CASE NUMBER
CRM No. 6635 of 2017 in CRA-S No. 2815-SB of 2016
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Judgment

5 paragraphs · 203 words

Jitendra Chauhan, J.—Custody Certificate dated 15.03.2017 issued by Deputy Superintendent, Central Jail, Patiala has been filed in the Court. The same is taken on record.

2.

Learned counsel for the applicant-appellant contends that the recovery, in fact, is non-commercial. The weight of two gunny bags has been included towards the weight of the contraband.

3.

As per the custody certificate, the applicant has already undergone 01 year and 09 days out of the total substantive sentence of 10 years, awarded in FIR No. 138 dated 01.08.2013 registered under Section 15 of NDPS Act at Police Station Sadar, Patiala. The present appeal was admitted on 16.08.2016 and is not likely to be decided in the near future.

4.

Considering the fact that the question whether the quantity is commercial or not has become debatable, without expressing any opinion on the merits of the case, the present application is allowed and the sentence of the applicant-appellant is suspended during the pendency of the appeal, on his furnishing bail bonds to the satisfaction of CJM/Duty Magistrate, Patiala.

5.

The applicant shall also furnish bonds under Section 34 of the Act and the Narcotic Drugs and Psychotropic Substances (Execution of Bond by Convicts or Addicts) Rules, 1985.