2018 (6) TMI 346

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.... This petition for regular bail has been filed by petitioner - Surinder Singh @ Sunny - an accused in FIR No.306 dated 24.7.2017, under Sections 21 and 22 of NDPS Act and Sections 307, 34, 427 of IPC, registered at Police Station Sector-39, Chandigarh. Briefly stated, the prosecution story is that on 24.7.2017, a police party from Police Station Sector-39, Chandigarh at about 11:45 p.m. in the....

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....om the possession of accused, a polythene bag was recovered, which smelled of heroin; that the bag recovered from the petitioner having intoxicant substances was weighed and it came out to 44 gms, whereas one recovered from Kavita was found to 36 gms.; that on further search of the petitioner, he was found to carry two mobile phones and 12 injections of Pheneramine Mealeate and 12 injections (blue....

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....d that the petitioner has been falsely involved in this case, therefore, he deserves to be granted concession of regular bail. In support of his contentions, he has referred to Binu Versus Union of India, 2011(3) Ker.L.J.303, Salam Versus Union of India, 2008(1) KHC 521 by Kerala High Court, Saleem Mohd. Versus State of Punjab, 2015(25) R.C.R.(Criminal) 816, Ajaib Singh Versus State of Punjab, 201....

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....DPS Act and the petitioner is not entitled to get bail in that regard. After hearing the rival contentions of learned counsel for the parties, I leave it to the trial Court to come to the conclusion as to whether the recovery of contraband effected from the petitioner amounts to commercial quantity or otherwise. Nevertheless, even if, it is taken that the recovery does not amount to commercial ....