ANIL KSHETARPAL, J(Oral)

1. The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

2. This is the second petition for grant of bail, pending trial, to the petitioner in a criminal case arising from FIR No.0237, dated 13.10.2018, registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Lambi, District Mukatsar Sahib.

3. The learned State counsel has brought to the notice of the Court that the petitioner is a previous convict.

4. The first petition i.e. CRM-M-20294 of 2019, filed by the petitioner for grant of bail was dismissed on 07.10.2020, with the following order:-

“Hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

The petitioner-Satnam Singh son of Babu Ram prays for grant of bail pending trial in a criminal case arising from FIR No.237, dated 13.10.2018, registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Lambi, District Sri Muktsar Sahib.

As per case of the prosecution, the petitioner was apprehended with 3400 intoxicating tablets of Tricare SR100 MG containing salt Tramadol Hydrochloride and 2000 intoxicating tablets of Prozolam 0.5 containing sale Alprazolam. Both the salts are prohibited substances under the Narcotic Drugs and Psychotropic Substances Act, 1985.

A report from the Forensic Science Laboratory has been received confirming that the tablets do contain prohibited substances.

Learned counsel for the petitioner contends that the petitioner is in custody for a period of 2 years and he is not a person with criminal antecedents. He, hence contends that the petitioner has been falsely implicated.

Per contra, Sh. Randhir Singh Thind, Deputy Advocate General, Punjab, has submitted that in the present case, recovery from the petitioner is heavy and, therefore, in view of the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, no bail should be granted.

This court has considered the submissions and perused the paper book.

It is undisputed that the recovery from the petitioner falls in the category of commercial quantity. Hence, in view of rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, no ground to grant the concession of bail is made out.

Dismissed.”

5. Sh. Bhupender Beniwal, AAG, Punjab, has submitted that the trial of the case has already commenced.

6. Hence, no ground to grant bail to the petitioner is made out.

7. Dismissed.

8. All the pending miscellaneous applications, if any, are also disposed of.