Punjab-Haryana High Court
Sagar vs State Of Punjab on 11 July, 2022
213
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision : 11.7.2022
CRM-M-27034-2020 (O/M)
Sagar ....... Petitioner (s)
Versus
State of Punjab ........ Respondent (s)
CRM-M-43842-2020 (O/M)
Buta Singh ....... Petitioner (s)
Versus
State of Punjab ........ Respondent (s)
CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. Charanpreet Singh, Advocate
for petitioners.
Mr. B.S. Sewak, Additional A.G. Punjab.
-.- -.-
HARINDER SINGH SIDHU, J.
This order will dispose of abovementioned petitions as the facts
of both cases are identical. For brevity, facts have been taken
from CRM-M-43842-2020.
These petitions are filed under Section 439 Cr.P.C. for grant
of regular bail in case FIR No. 48, dated 17.2.2019 registered under Section 20
NDPS Act at Police Station City Khanna, District Ludhiana.
As per allegations in FIR, 7.5 kilogram of Charas was recovered from
petitioner.
Mr. Charanpreet Singh, learned counsel for petitioner has referred to
FSL report which is reproduced as under :-
' The content of the parcel under reference has been analyzed by
chemical. TLC and instrumental analysis. On the basis of analysis,
presence of Tetrahydrocannabinol and other cannabinoids,
Cystolythic hair and 19.85% of resin extract. Charas has been found
present in the content of the parcel.'
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CRM-M-27034, 43842-2020 (O/M) -2-
As per this FSL report, the contraband was found to be containing
Tetrahydrocannabinol and other cannabinoids, Cystolytic hair and 19.85% of resin
extract.
Learned counsel for petitioner has relied on order dated 28.5.2018
passed by Hon'ble Division Bench of this Court in CRM-22440-2014
in CRA-D-163-DB-2017 titled as Varinder Kumar Versus State of Punjab wherein
it was observed as under :-
" For the purpose of Section 20 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short 'the NDPS Act') which
provides punishment for contravention in relation to cannabis plant
and cannabis and the definition of cannabis and cannabis plant
under Section 2 (iii) (a) (b) (c) and Section 2 (iv) of NDPS Act dfining
cannabis plant, we have taken into consideration the fact that any
quantity above 1 kg containing Tetrahydrocannabinol would be
'Charas'. Any quantity above 20 kgs contaiing Tetrahydrocannabinol
would be 'Ganja' whereas for 'Bhang', there is no commercial quantity
prescribed.
Counsel for the applicant appellant has referred to Parikh's
Textbook of Medical Jurisprudence, Forensic Medicine and
Toxicology as discussed in the judgment Nagender Shah Versus State
of H.P. by a Division Bench of Himachal Pradesh High Court reported
as 201 (4) RCR (Criminal) 194 to clarify that in case of 'Bhang',
Tetrahydrocannabinol in the sample stuff would be 15% and in the
case of 'Ganja', it would be 25% and in case of 'Charas', it would be
between 25 to 40%."
In view thereof, it is submitted that contraband recovered from
petitioners would be Ganja and not Charas.
Admittedly, only quantity above 20 kg. of Ganja is commercial
quantity. Here, the recovery from petitioners is 7.5 kg which would be non
commercial.
Petitioners are in custody since 17.2.2019 (3 years 4 months). There
are no other NDPS cases pending against petitioners.
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CRM-M-27034, 43842-2020 (O/M) -3-
Considering the aforesaid facts and circumstances, no useful purpose
would be served by keeping the petitioners behind bars. Hence, petitions are
allowed. Petitioners Sagar in CRM-M-27034-2020 and Buta Singh in
CRM-M-43842-2020 are ordered to be released on bail on their furnishing
bail/surety bonds to the satisfaction of learned Chief Judicial Magistrate/Duty
Magistrate concerned.
(HARINDER SINGH SIDHU)
JUDGE
11.7.2022
sjks
Whether reasoned order : Yes / No
Whether reportable : Yes / No
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