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2001 Supreme(P&H) 1197
PUNJAB & HARYANA HIGH COURT
K.C.Gupta, J.
Balkar Singh
Versus
State Of Punjab
Criminal Misc. No. 29850 of 2001,
Decided On : OCTOBER 24, 2001
Non-compliance of Section 50 of the NDPS Act and the quantity of the substance are relevant factors in considering bail applications.
Headnote:
NDPS Act - Bail Application - Non-compliance of Section 50
Fact of the Case:
The petitioner was found with a small quantity of poppy husk (15 Kg) and argued non-compliance of Section 50 of the NDPS Act as the alleged recovery was not effected before the Magistrate or a Gazetted Officer.
Finding of the Court:
The court granted bail to the petitioner considering the small quantity of the substance and the non-compliance of Section 50 of the NDPS Act.
Issues: Non-compliance of Section 50 of the NDPS Act, small quantity of poppy husk, and the petitioner's custody for about six months.
Ratio Decidendi: The court considered the non-compliance of Section 50 of the NDPS Act and the small quantity of the substance in granting bail to the petitioner.
Final Decision: Bail was granted to the petitioner to the satisfaction of the CJM, Ferozepur.
K.C.Gupta, J.
1. Learned counsel for the petitioner contended that only a small quantity of poppy husk. i.e. 15 Kg has been recovered from the petitioner. Further, it is stated that the alleged recovery has been effected neither before the Magistrate, nor before some Gazetted Officer and as such there is non-compliance of Section 50 of the NDPS Act so no case is made against the petitioner and further he is in custody for the last about six months.
2. Keeping in view the facts and circumstances of the case, bail is granted to the petitioner to the satisfaction of the CJM, Ferozepur.
