The High Court dismissed the bail petition of Rajinder Kumar, accused of possessing commercial quantities of narcotic tablets under the NDPS Act, finding that the latest Central Government notification mandates considering the entire seized mixture weight for quantity determination.
Bail petition dismissed; trial directed to be expedited.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.No.M-13817 of 2013(O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-13817 of 2013(O&M) Date of Decision: May 3, 2013
Rajinder Kumar @ Teeta
.....Petitioner
v.
State of Punjab
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Amandeep Singh Manaise, Advocate for the petitioner.
.....
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No.59, dated 1.6.2012, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short `the Act') registered at Police Station Ghall Khurd, District Ferozepur.
I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional Sessions Judge, Ferozepur, vide which application filed on behalf of the present petitioner for bail was dismissed.
This is third application for bail filed on behalf of the petitioner-accused. His first bail application was got dismissed as withdrawn vide order dated 6.9.2012 passed in Crl.M.No.M-26442 of 2012. Second application was also got dismissed as withdrawn vide order dated 4.3.2013 passed in Crl.M.No.M-424 of 2013. On the same facts, the present application has been filed.
Brief allegations against petitioner-accused are that police party was on patrol duty on 1.6.2012 when he was seen coming and he tried to
Crl.M.No.M-13817 of 2013(O&M)
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take a turn after seeing the police party. He was stopped and he disclosed his name as Rajinder Kumar @ Teeta son of Mukesh Lal. On search it was found that he was carrying 27 packets of Microlit tablets with each packet containing 100 tablets. He could not produce any licence or permit to keep the same in his possession. Intoxicating powder weighing 250 grams was also recovered from his possession. As per report FSL the tablets contain Diphenoxylate hydrochloride. Weight of each tablet was 74 mg, which is a manufactured drug as per notification issued under Section 2 (xi) of the Act by the Central Government. Further as per latest notification No.S.O.2941(E) dated 18.11.2009, issued by Central Government, entire mixture is to be taken into consideration to determine whether recovery is commercial or non-commercial. Total weight of the tablets comes to 1.9 kgs. More than 50 grams is commercial quantity as per Entry No.44 of the Notification No.S.O.527 (E) dated 16.7.1996, issued by Central Government.
It has been contended by learned counsel for the petitioneraccused that as per report Chemical examiner Diphenoxylate was found only 2.3 mg per tablet and Atropine sulphate was found containing 0.023 mg per tablet and however, it is contended that Atropine sulphate is not one of the salts which comes under the definition of manufactured drugs and hence the only quantity of diphenoxylate hydrochloride should be taken into consideration while deciding as to whether recovered drug is commercial or non-commercial.
However, as already stated above, in view of the latest notification No. S.O.2941(E) dated 18.11.2009 (supra) plea cannot be accepted as entire quantity is to be taken into consideration for the purpose as to whether the same comes under the category of commercial or noncommercial quantity.
Hence, in view of the bar created under Section 37 of the Act, he is not entitled for concession of bail.
Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Rajinder Kumar @ Teeta for grant of bail is, hereby, dismissed being devoid of any merit.
Crl.M.No.M-13817 of 2013(O&M)
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However, learned trial Court is directed to expedite the trial by
giving short adjournments.
3.5.2013 (Ram Chand Gupta) meenu Judge
2 issues framed by the court
Whether bail should be granted to the petitioner accused under Section 439 Cr.P.C. in an NDPS case involving commercial quantities of drugs.
Whether the entire weight of seized tablets mixed with atropine should be considered to determine commercial quantity under the latest notification.
2 provisions across 2 enactments
Rajinder Kumar @ Teeta
State of Punjab
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
