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Wednesday, March 10, 2010

Bail--Grant of--Recovery of 3 kg of commercial quantity of contraband (opium)

2010(1) LAW HERALD (P&H) 212
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Criminal Misc. No. M-19605 of 2009
Tasbir Singh @ Sabu @ Pardhan & Ors.
v.
State of Punjab
{Decided on 03/08/2009}
For the Petitioner: Mr. Kamaljit Singh Sidhu, Advocate.
For the Respondent – State: Mr. P.S. Bajwa, DAG, Punjab.
Criminal Procedure Code, 1973, S.439--Narcotic Drugs and Psychotropic Substances Act, 1985, S.18, 29, 42 & 43--Bail--Grant of--Recovery of 3 kg of commercial quantity of contraband (opium) from possession of accused-petitioner without any permit and licence--Delay in sending the sample in itself, is not sufficient to doubt the case of the prosecution--There is no provision in the Act, or the Rules, framed thereunder, that the seal after use should be given by Investigating Officer or the DSP to a third person--Since the alleged recovery was effected from accused-petitioner from a public place, the provisions of S.42 of the act were not applicable on the other hand, provisions of S.43 were applicable--There is, therefore, no changed circumstances for grant of able of accused petitioner on merits--No doubt, there is some lapse on part of prosecution in producing evidence, however, the prosecution can be directed to conclude the evidence expeditiously--Held, Accused-petitioner is thus, not entitled to grant of bail. (P.5)