Petitioner sought bail in an NDPS case alleging possession of Rexcof and Pyrevon Spas without a license. The court found him entitled to bail during the trial.
Released on bail with a personal bond of Rs. 50,000 and one surety in the same amount with the Chief Judicial Magistrate, Ludhiana.
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. Misc. No.M-14846 of 2012(O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.Misc.No.M- 14846 of 2012 Date of decision : 10.01.2013
Kamal Kumar
..... Petitioner
versus
State of Punjab
...Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
Present: Ms. Sukhpreet Kaur, Advocate for the petitioner.
Mr. Amit Chaudhary, DAG Punjab for the State.
VIJENDER SINGH MALIK , J
Kamal Kumar, the petitioner has sought regular bail in a case registered by way of FIR No.34 dated 26.03.2012 at Police Station Raikot, District Ludhiana, for an offence punishable under section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act).
Crl. Misc. No.M-14846 of 2012(O&M) 2
Learned counsel for the petitioner has contended that the petitioner is alleged to have been found in possession of 14 bottles of Rexcof each weighing 100 mg and 240 capsules named Pyrevon Spas. According to her, even though the report of the Review Committee is against the petitioner, yet the quantity of the material recovered is small and he being in custody for the last more than nine months, he is entitled to bail.
Learned State counsel has opposed the bail application. According to him, the petitioner was keeping in his possession bottles of Rexcof and Pyrevon Spas capsules without any valid licence. According to him, the petitioner is, therefore, not entitled to bail.
The bottles of Rexcof, 14 in number, each containing 100 mg of the liquid. Pyrevon Spas capsules which were found in possession of the petitioner had been 240 in number. Codeine phosphate which was found as ingredient of Rexcof bottles has been 9.7 mg/5ml of the liquid. The report of the Review Committee is that both the drugs i.e. Codeine phosphate and Dextropropoxyphene Hydrochloride were as per Sr. No. 1 and 2 of column no.4 at Sr. No.35 and 87 of Notification no.SO 826(E) dated 14.11.1985. If it is so then the medicines are not covered by the expression manufactured drugs and they may not be covered by the Act. However, refraining from giving any finding
Crl. Misc. No.M-14846 of 2012(O&M) 3
on this issue, I find the petitioner to be entitled to bail during the trial. The petition is, consequently, allowed. The petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Ludhiana.
January 10, 2013 (VIJENDER SINGH MALIK) dinesh JUDGE
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving possession of narcotic drugs under Section 22 of the NDPS Act, 1985.
Whether the quantity of drugs recovered and the duration of custody affect the bail entitlement.
1 provisions across 1 enactments
Kamal Kumar
State of Punjab
VIJENDER SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
