Roshni vs State of Punjab

Ram Chand Gupta, J.

Crl. M. No. 15837 of 2011

Application is allowed subject to all just exceptions.

Crl. M. No. M-8707 of 2011

The present petition filed u/s 439 Code of Criminal Procedure is for grant of regular bail to the Petitioner in case FIR No. 25, dated 16.3.2010, u/s 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter to be referred as ''the Act'') registered at Police Station Ghagga, District Patiala.

I have heard learned Counsel for the Petitioner and have gone through the whole record carefully including the impugned order passed by learned Special Judge, Patiala, vide which application filed by Petitioner for grant of regular bail has been dismissed.

This is third application for regular bail filed on behalf of the Petitioner-accused. First application for bail was got dismissed as withdrawn vide order dated 6.7.2010 passed in Crl.M.No.M-17536 of 2010, when the same was opposed by learned State counsel in view of the bar created u/s 37 of the Act. Second application on the same facts was also filed and the same was also got dismissed as withdrawn on 15.11.2010 passed in Crl.M.No.M-32566 of 2010.

On the same facts, the present application has been filed on the plea that Petitioner is an old lady of 61 years of age and that she has been continuing in custody since 16.3.2010 and trial has not been concluded so far.

Brief allegations against the Petitioner-accused are that there was a secret information with the police that Petitioner alongwith her husband and two other persons, namely, Dinesh and Ram Mehar indulged in smuggling of poppy husk from States of Haryana and Rajasthan for supplying the same in the villages of Punjab. Hence, on the secret information raiding party was formed and jeep No.HR-24A-0404 belonging to husband of Petitioner was intercepted by police on the basis of secret information. Petitioner-accused was sitting alongwith her husband-co-accused and other co-accused were sitting on the back seat of the jeep. On search from said jeep, two bags containing 64 kg and 200 gms of poppy husk were recovered.

Hence, in view of the fact that recovery effected from Petitioner-accused is commercial quantity of a contraband, which was carrying in a jeep by Petitioner-accused alongwith her husband, and in view of the bar created u/s 37 of the Act, I am of the view that Petitioner-accused is not entitled for bail, at this stage.

Hence, in view of these facts and without expressing any opinion on the merits of the case, the present petition filed by Petitioner-Roshni for grant of regular bail is dismissed being devoid of any merit.

However, learned trial Court is directed to expedite the trial as Petitioner, being lady, has been continuing in custody since 16.3.2010.

Registry is directed to send copy of this order to learned trial Court for strict compliance.