Surinder Singh Alias Raju vs State Of Punjab on 10 October, 2012

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Punjab-Haryana High Court

Surinder Singh Alias Raju vs State Of Punjab on 10 October, 2012

Bench: Ram Chand Gupta

Crl.M.No.60901 of 2012 in
Crl.M.No.M-25828 of 2012(O&M)                                          -1-

IN THE HIGH COURT OF PUNJAB                        AND HARYANA AT
                 CHANDIGARH.

                                     Crl.M.No.60901 of 2012 in
                                     Crl.M.No.M-25828 of 2012(O&M)
                                     Date of Decision: October 10, 2012

Surinder Singh alias Raju
                                                   .....Petitioner
                                v.
State of Punjab
                                                   ......Respondent

CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA

Present:    Mr.Arunjeet Singh Kakkar, Advocate
            for the petitioner.
                   ......

RAM CHAND GUPTA, J.(Oral)

Crl.M.No.60901 of 2012 In view of the facts mentioned in the application, the same is allowed and order dated 3.10.2012 dismissing the petition for non- prosecution is recalled.

Registry is directed to register the case at its original number. Application stands disposed of accordingly.

Crl.M.No.49767 of 2012

Application is allowed subject to all just exceptions.

Crl.M.No.M-25828 of 2012 The present petition filed under Section 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No.57, dated 26.5.2012, under Sections 22 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for short the `Act') registered at Police Station Sadar Kotkapura, District Faridkot.

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, Faridkot, vide which application filed on behalf of the present petitioner for bail was dismissed. Crl.M.No.60901 of 2012 in Crl.M.No.M-25828 of 2012(O&M) -1- Brief allegations against petitioner-accused are that he was apprehended by the police near bridge Suaa, while he was carrying a plastic bag in his right hand and from search of such plastic bag 1100 tablets, on which microlit narcotic was mentioned were recovered. On analysis, it was found that the same was containing Diphenoxylate hydrochloride as per entry No.58 of Notification Nos.S.O.826(E) dated 14.11.1985 and S.O.40 (E) dated 29.1.1993 issued by Central Government under Section 2(xi) of the Act, and hence, the same comes under the definition of manufactured drug. It has also been rightly observed by learned Additional Sessions Judge, Faridkot, while dismissing the petition for bail that as per Notification No.S.O. 1055(E) dated 19.10.2001 and subsequent Notification No.S.O.2941(E) dated 18.11.2009, the recovered manufactured drugs is commercial quantity.

However, after arguing for some time, learned counsel for the petitioner requests for withdrawal of this petition.

Dismissed as withdrawn.


10.10.2012                                             (Ram Chand Gupta)
meenu                                                       Judge

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