Petitioner sought pre-arrest bail in an NDPS case. As State counsel admitted the seized powder contained paracetamol and not narcotics, the petition was allowed with directions to join investigation.
Petition allowed; petitioner directed to join investigation and released on bail if arrest attempted.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No.M-23913 of 2012(O&M) Date of Decision:.10.10.2012
Lavekesh Kumar @ Labba
... Petitioner
vs.
State of Punjab
... Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present:Mr. L.S. Goraya, Advocate for the petitioner.
Ms. Rajni Gupta, Addl. AG Punjab. ---
VIJENDER SINGH MALIK,J(ORAL)
Lavekesh Kumar @ Labba, the petitioner seeks pre-arrest bail in a case registered by way of FIR No. 47 dated 18.7.2012 at Police Station Dorengla, Tehsil and District Gurdaspur, for an offence punishable under section 22 of Narcotic Drugs and Psychotropic Substances Act.
The case in brief is that a naka was laid in which the petitioner along with one Geeta was seen coming on a Bajaj scooter and though the petitioner succeeded in escaping, Geeta was caught and from her 320 grams of powder was recovered.
Learned counsel for the petitioner, on the basis of report of chemical examiner, submits that the powder was tested and it was found containing paracetamol. He further submits that no case is made out even against Geeta from whom this powder was recovered and at least there is no case against the petitioner, from whom nothing was recovered.
Crl. Misc. No.M-23913 of 2012 =2=
Learned State counsel, on the other hand, admits that on chemical analysis the powder recovered was found to be containing paracetamol and not any narcotic drug or psychotropic substance.
In these circumstances, without commenting on the merits of the case, the petition is allowed. The petitioner is directed to join the investigation and if he is sought to be arrested, he shall be released on bail to the satisfaction of the arresting/investigating officer subject to the conditions laid down in section 438 sub section 2 clauses (i)(ii) and (iii) of the Code of
Criminal Procedure.
October 10,2012 ( VIJENDER SINGH MALIK ) Jiten JUDGE
1 issue framed by the court
Whether pre-arrest bail should be granted where seized powder was found to contain paracetamol instead of narcotic drugs.
2 provisions across 2 enactments
Lavekesh Kumar @ Labba
State of Punjab
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
