Punjab-Haryana High Court
Ranjit Kaur @ Jassi vs State Of Punjab on 18 October, 2019
Author: Surinder Gupta
Bench: Surinder Gupta
CRM-M-24314 of 2019 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
CRM-M-24314 of 2019
Date of Decision: 18.10.2019
Ranjit Kaur @ Jassi ....Petitioner
VERSUS
State of Punjab ....Respondent
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Anterpreet Singh, Advocate
for the petitioner.
Mr. Avtar Singh Sandhu, Addl. A.G. Punjab.
*******
SURINDER GUPTA, J.(Oral)
The present petition has been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No.81 dated 21.05.2014 registered for offences punishable under Sections 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sadar Khanna, Police District Khanna, District Ludhiana.
Heard.
As per case of prosecution, the petitioner was apprehended on 21.05.2014 and 80 capsules of Parvon Spas, 150 gms. of intoxicant power and 05 gms. of Smack were recovered from her possession. Sample of intoxicant powder was sent to FSL and as per its report, it was found containing following ingredients:-
Parcel No. 2
Diphenoxylate Found present in the content of the parcle no. 2 Hydrochloride at i.
Dextropropoxyphene Found present, average 64.2 mg/capsule (in the Hydrochloride content of the parcel no. 2 at ii). Dicycloamine Found present, average 9.4 mg/capsule (--do--) Hydrochloride Paracetamol Found present, average 399.4 mg/capsule (--
do--) 1 of 3 ::: Downloaded on - 21-10-2019 00:29:53 ::: CRM-M-24314 of 2019 -2- As per entry no. 44 of Table under sub-Section (viia)and (xxiiia) of Section 2 of the NDPS Act, more than 50 gms of 'Diphenoxylate' falls in commercial quantity of contraband while as per entry no. 33 of Table more than 500 gms. of 'Dextropropoxyphene' falls in commercial quantity of contraband.
As per report of FSL, 'Diphenoxylate Hydrochloride' was found present in intoxicant powder but its percentage has not been mentioned while presence of 'Dextropropoxyphene Hydrochloride' average in the intoxicant powder was 64.2 mg.
It will be a point for argument before the trial Court as to whether intoxicant powder falls in the category of 'Diphenoxylate Hydrochloride' or 'Dextropropoxyphene Hydrochloride' on the basis of evidence produced before it.
Without expressing any opinion on merits of the case and keeping in view the fact that conclusion of trial will take considerably long time, the present petition is allowed. Petitioner-Ranjit Kaur @ Jassi is ordered to be released on regular bail on furnishing bail bond and surety bond to the satisfaction of concerned trial Court/Chief Judicial Magistrate/Duty Magistrate, subject to following terms:-
(a) The petitioner shall comply with the conditions mentioned in Section 437(3) Cr.P.C.
(b) In the event of her absence on any date of hearing, the benefit of bail allowed to the petitioner shall stand withdrawn. The trial Court shall be competent to cancel her bail bond and surety bond and proceed to procure her presence in accordance with law. In that eventuality the 2 of 3 ::: Downloaded on - 21-10-2019 00:29:53 ::: CRM-M-24314 of 2019 -3- petitioner shall have to apply for bail afresh.
(c) She shall not leave the country without the previous permission of the Court.
October 18, 2019 ( SURINDER GUPTA )
jk JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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