HC expounds 3 kg of Poppy Husk less than the Commercial Quantity; Section 37 of the NDPS will not be Applicable

 

On 08-September-2022, The Hon’ble High Court of Punjab and Haryana comprising of Pankaj Jain in the case of Manjeet Kaur v. State of Punjab while hearing a petition for the grant of regular bail expounds that 3 kg of Poppy Husk less than the Commercial Quantity; Section 37 of the NDPS will not be Applicable.

The Petitioner filed a Petition under Section 439 of Code of Criminal Procedure for grant of Regular Bail registered under Sections 15, 21, 22 and 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sri Muktsar Sahib, Distt. Sri Muktsar Sahib. The petitioner has undergone actual custody of 1 month and 25 days.

Learned counsel for the petitioner submits that as per the allegations levelled against the petitioner, recovery of 3kg poppy husk is alleged to have been made which is far less than the commercial quantity and the rigors of Section 37 of the NDPS, Act will not be applicable.

The Court in its observation observes that;- “Learned State counsel, is not in position to dispute the fact that so far as, the petitioner is concerned, independent recovery of 3 kg of poppy husk is alleged against her, which is far less than the commercial quantity and thus, rigors of Section 37 of the NDPS will not be applicable.”

Hence the Bail Petition allowed. 

Read Judgment  ;

 

 

 

 

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