IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
Criminal Misc.-M No. 20999 of 2011(O&M)
Date of Decision: 04.10.2011
Rajiv Kumar and another
...Petitioners
Versus
State of Punjab
..Respondent
CORAM: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Arihant Jain, Advocate for the petitioners.
Mr. K.S. Pannu, Deputy Advocate General, Punjab.
....
RAJESH BINDAL, J.
The petitioners herein are accused in FIR No. 69 dated
26.4.2011 registered under Sections 21, 22, 61, 85 of NDPS Act, 1985 at
Police Station Tappa Mandi, District Barnala. Recovery from the
petitioners is of 1,80,000 tablets of phenotil and 1 Kg powder. In chemical
examination powder was found to be containing 10.1% of
dextropropoxyphene, which is a scheduled drug under the NDPS Act, 1985.
Learned counsel for the petitioners submitted that the
petitioners in the present case are licensed chemists. As the recovery from
them is of drugs, which were scheduled drugs under the Drugs and
Cosmetics Act, 1940, there is no violation of provisions of NDPS Act,
1985. He further submitted that recovery from the petitioners is of 1 Kg of
powder and there being two accused quantity if divided between them
would be non-commercial.
After hearing learned counsel for the petitioners, I do not find
any merit in the present petition. Recovery is 1,80,000 tablets from the
petitioners in addition to 1 Kg powder. It is not disputed that the petitioners
are not manufacturer of drugs and they are the chemists. There is no
justification available for possessing 1 kg of drug in powder form and
1,80,000 tablets with them containing scheduled drugs.
Considering the aforesaid material, I do not find this to be a fit
case for grant of bail to the petitioners, at this stage.
Dismissed.
(RAJESH BINDAL)
JUDGE
04.10.2011
sharmila