The single judge bench of Justice Harnaresh Singh Gill of the Punjab and Haryana High Court in the case of Manjeet @ Kaliya Vs State of Haryana refused to grant regular bail as Section 37 NDPS Act bars the grant of bail to the accused in the case of commercial quantity. The petitioner is also involved in 09 other cases including offenses for dacoity and under the POCSO Act.
BRIEF FACTS
The factual matrix of the case is that the petition was filed under section 439 of Cr.P.C. for grant of regular bail registered under Section 188 IPC (Section 201 IPC added later on), Section 21(c) of the NPDS Act, Sections 29 and 27-A of the NDPS Act.
The learned counsel appearing on behalf of the petitioner contended that the petitioner has been falsely implicated in the present case and furthermore, there is no other case pending or decided against the petitioner under the NDPS Act. furthermore, even the samples were not taken on the spot which is mandatory under the law.
The learned counsel appearing on behalf of the state has contended that the petitioner is a habitual offender and is involved in other cases also. The recovery also falls under the commercial quantity.
COURT’S OBSERVATION
The hon’ble court refused to grant bail to the petitioner on the ground that the intoxicating powder, allegedly recovered in the present case, fall under the category of 'commercial quantity'. Section 37 NDPS Act bars the grant of bail to the accused in case of 'commercial quantity'. The petitioner is also involved in 09 other case including the offences for the dacoity and under the POCSO Act.
CASE NAME- Manjeet @ Kaliya Vs State of Haryana
CITATION- CRM-M-18828-2022 (O&M)
CORUM- Justice Harnaresh Singh Gill
DATE- 11.11.22
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