Amarjit Kaur @ Sethani vs State of Punjab

Rajan Gupta, J.—This is a petition u/s 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner u/s 15 of Narcotic Drugs & Psychotropic Substances Act, 1985 at Police Station Gidderbaha, District Muktsar Sahib, vide FIR No. 13 dated 22nd January, 2012. Learned counsel for the petitioner has contended that petitioner was not apprehended on the spot. According to her, she was not found in conscious possession of the contraband. This entitles her to concession of pre-arrest bail.

Learned State counsel has opposed the prayer. He submits that recovery effected in the case is 90 Kgs of poppy husk which is commercial. Thus, section 37 of the Act would be attracted. He has further stated that petitioner is also involved in seven other cases, two of which are under NDPS Act and rest are under the Excise Act. She has been convicted in two cases under the Excise Act and in one case under the NDPS Act. In view of her antecedents, she is not entitled to concession of pre-arrest bail.

I have heard learned counsel for the parties and given careful thought to the facts of the case.

According to allegation, petitioner was found in possession of 90 Kgs of poppy husk. The contraband was in three jute bags lying in a car. After the recovery, ASI Baldev Singh identified the petitioner. In view of commercial nature of contraband involved as well as the antecedents of the petitioner, this court is of the considered view that she is not entitled to concession of pre-arrest bail. Dismissed.