High CourtsSingle Bench(2020) 12 P&H CK 0422

Victor Admye Devid vs State Of Punjab

Punjab And Haryana At Chandigarh · Decided on 24 December 2020

HON’BLE JUDGES
Vivek Puri, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 37030-2020 (O&M)

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Judgment

16 paragraphs · 304 words

Vivek Puri, J

The status report by way of affidavit has been filed in the Court through email which is taken on record.

Precisely, the case bearing FIR No. 81 dated 15.03.2019, under Sections 21 of NDPS Act has been registered at Police Station Phillaur, District

Jalandhar against the petitioner in pursuance of the recovery of 2.5 Kg of Heroin.

It has been pointed out by the learned counsel for the petitioner that the petitioner is suffering from serious medical ailments. It may be mentioned here

that the status report has been sought with regard to the ailments being suffered and treatment being provided to the petitioner. It has been reported

that the petitioner is being provided with the treatment from Civil Hospital, Kapurthala and as per the certificate issued by the Medical Officer, Central

Jail, Kapurthala, at present, the petitioner is in a stable condition.

It has been pointed out by the learned State counsel that appropriate medical treatment is being provided to the petitioner and the quantity of

contraband recovered from the possession of the petitioner falls in the category of commercial quantity. The petitioner is a foreign national and one

more case under the NDPS Act has been registered against him.

The quantity of contraband recovered from the possession of the petitioner falls in the category of commercial quantity. As such, stringent provisions

of Section 37 of the NDPS Act come into play. There is nothing to suggest that the petitioner has not committed offence and is not likely to commit

the offence while on bail. Moreover, the petitioner is being provided for appropriate medical treatment and his present condition is stable.

Keeping in view aforesaid circumstances, no ground is made out to extend the concession of bail to the petitioner.

In view of the above, the present petition is dismissed.