GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner-accused seeks bail in case bearing FIR No. 236 dated 21.9.2001 registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') with Police Station Haibowal, Ludhiana.

(2.) THE prosecution allegations are that on 21.9.2001 at about 5.00 p.m., ASI Hira Singh along with other police officials was present at T-Point, Partap Singh Wala in connection with Nakabandi. At that time he received a secret information to the effect that Gurdial Singh, petitioner-accused, resident of House No. 11028, Prince Property Street, Ranjodh Park, Sabji Mandi, Haibowal Khurd was serving the general public a mixture of Bhang (Cannabis) @ Rs. 5/- per tumbler and was thus making them addicts. Finding this information to be credible, a report was sent to Police Station for registration of the case. Thereafter, the Investigating Officer raided the accused and recovered 3 gunny bags containing 60 kgs. of Bhang from his possession. Half kg. of mixture of Bhang (solution of Bhang and water) was also recovered. After completion of necessary investigation challan has been put in Court.

(3.) OPPOSING the submissions made, it has been urged by the State counsel that the recovery of Bhang has to be construed as Cannabis (Hemp) in terms of the definition contained in Section 2(iii) of the Act and thus would fall within the ambit of Section 20 of the Act and the recovery made is more than the commercial quantity in terms of items No. 3 of the table contained in the notification dated 19.10.2001 issued by the Central Government and as such limitation laid down in Section 37 of the Act would apply and as such the petitioner cannot claim the concession of bail.