Angrej Singh @ Geja vs State of Punjab

Rajan Gupta, J.—This is a petition filed u/s 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 16 dated 01.03.2012 under sections 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as ''the Act'') Act at Police Station Mehna, district Moga. Learned counsel for the petitioner contends that petitioner is in custody since 01.03.2012. He submits that 54 kgs of poppy husk is recovered from the petitioner. According to him, the quantity is marginally higher than the commercial quantity. He has placed reliance on judgment reported as Sikander Singh vs. State of Punjab 2005 (2) RCR (Cri) 8 to contend that some allowance for the marginal error in the weightment has to be given. The petitioner is thus entitled to concession of bail.

Learned State counsel has opposed the prayer for bail. He, however, does not dispute the ratio of aforesaid judgment.

Heard. This court does not wish to express any opinion on the merits of the case. However, keeping in view the fact that petitioner is in custody since 01.03.2012 and is accused of being in possession of 54 kgs of poppy husk which is marginally higher than the commercial quantity, ratio of judgment in Sikander Singh''s case (supra) is applicable, I am of the considered view that petitioner deserves to be enlarged on bail. Accordingly, the petition is allowed and petitioner is ordered to be enlarged on bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Moga.