Kewal Singh vs State of Punjab

Alok Singh, J.—Present petition has been filed seeking regular bail in case FIR No. 7 dated 17.1.2011 under Sections 21/61/85 of NDPS Act, 1985, Police Station Kotwali, Kapurthala.

Record reveals that four accused, namely, Kewal Singh (present Petitioner), Ayshad Iqbal, Zafar Iqbal and Jorawar Singh were coming in one car bearing registration No. JK-02-AL-2229 on 17.1.2011. They were stopped and given option in accordance with NDPS Act and thereafter checked by DSP-D. On checking Petitioner was found carrying 270 gms of heroin while Ayshad Iqbal, Zafar Iqbal and Jorawar Singh were found in possession of 300 gms, 200 gms and 230 gms of heroin, respectively. All the four accused were in the same and one vehicle.

Learned Counsel for the Petitioner states that as per the scientific report material recovered from the possession of the Petitioner was found containing 42.07% diacetylmorphine that is why Petitioner is entitled to be released on bail considering total narcotic substance found in the material.

I do not agree with the arguments advanced by the learned Counsel for the Petitioner. Even if for the sake of arguments, 42.07% diacetylmorphine is taken into account then also if entire quantity recovered from all the four accused is taken into account, it would come under the definition of commercial quantity.

Considering totality of the facts and circumstances of the case, I am not inclined to enlarge the Petitioner on bail.

Dismissed.