Rinku Singh vs State Of Punjab
2022 Latest Caselaw 14075 P&H

CRM-M-51069-2022
                                                                    -1-

        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                                           CRM-M-51069-2022
                                           Date of decision:10.11.2022

Rinku Singh

                                                                 ...Petitioner
                                    Versus

State of Punjab

                                                              .....Respondent

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:-   Mr. L.S.Sekhon, Advocate,
            for the petitioner.

            Mr. Harkanwar Jeet Singh, AAG, Punjab.

HARNARESH SINGH GILL, J. (ORAL)

Through this third petition, the petitioner seeks regular bail in

case bearing FIR No.180 dated 30.06.2020, registered at Police Station

City Sunam, District Sangrur, under Sections 22-C, 25 and 29 NDPS Act,

1985.

Learned counsel for the petitioner contends that there was no

compliance of Section 42 NDPS Act; that recovery of intoxicating tablets

was allegedly effected from a bag, which fell down on the ground from the

scooty; that there is no other case registered or pending against the

petitioner, at least of a similar nature and that the petitioner has been in

custody since 30.06.2020. In support of his contentions, learned counsel

relies upon the judgments dated 11.10.2022 and 31.10.2022 delivered by

the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.2913-

2022 and Special Leave to Appeal (Crl.) No.7840-2022, respectively.

1 of 2

CRM-M-51069-2022

On the other hand, learned State counsel, while opposing the

grant of bail to the petitioner, submits that extent of intoxicating tablets

allegedly recovered from the petitioner, falls under the 'commercial

quantity', and Section 37 NDPS Act bars the grant of bail to the accused in

case of 'commercial quantity'.

I have heard the learned counsel for the parties.

This is the third petition seeking grant of regular bail, the first

one having been dismissed on merit on 10.12.2021 and the second one

dismissed as withdrawn on 18.07.2022.

Although the petitioner has been in custody since 30.06.2020,

yet the fact remains that the extent of intoxicating tablets allegedly

recovered from the petitioner, falls under the 'commercial quantity', and

Section 37 NDPS Act bars the grant of bail to the accused in case of

'commercial quantity'.

So far as the judgments cited by the learned counsel for the

petitioner, are concerned, the same are not applicable to the present case

having distinguishable facts.

In view of the above, finding no merit in the present petition,

the same is dismissed.

10.11.2022                                     (HARNARESH SINGH GILL)
parveen kumar                                          JUDGE

                Whether reasoned/speaking?       Yes/No
                Whether reportable?              Yes/No




                                      2 of 2