Criminal Appeal No. 8700 of 2012 · Punjab & Haryana High Court
Case at a glance
- Decided
- 13 Feb 2012
- Bench
- RAM CHAND GUPTA
Outcome
Bail refused
Kumar for grant of regular bail is dismissed being devoid of any merit
Provisions considered
Judgment
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Rajeev Gupta, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) Crl.M.No.8700 of 2012 Application is allowed subject to all just exceptions. Crl.M.No.M-4088 of 2012 The present petition filed under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in case FIR No.117, dated 11.2.2011, under Sections 15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short `the Act') and under Section 25 of the Arms Act, registered at Police Station Sadar, Hisar. I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned Additional Sessions Judge, Hisar, dismissing application for bail filed by petitioner. Briefly stated, allegations against petitioner-accused are that on
Operative part
11.2.2011, a vehicle was apprehended by the police party, which was being driven by present petitioner-accused. On search of aforesaid vehicle, four bags of plastic containing poppy straw weighing 156 kg were recovered. A Crl.M.No.M-4088 of 2012(O&M) -2- country made pistol of 38 bore along with five live cartridges was also recovered from the possession of petitioner-accused. It has been contended by learned counsel for the petitioner- accused that petitioner has been continuing in custody since 11.2.2011 and that only one witness has been examined so far and that trial is not likely to be concluded in near future. However, recovery effected from the petitioner-accused is commercial quantity of narcotic drug. Hence, in view of rigor of Section 37 of the Act, he is not entitled for relief of bail. In view of these facts and without expressing any opinion on the merits of the case, the present petition filed by petitioner-Gulshan Kumar for grant of regular bail is dismissed being devoid of any merit.
13.2.2012 (Ram Chand Gupta) Judge
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Kumar for grant of regular bail is dismissed being devoid of any merit
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 15, 25; Arms Act, 1959 — s. 25.
Which court decided this case, and when?
Punjab & Haryana High Court, on 13 Feb 2012. The bench was RAM CHAND GUPTA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.