Punjab-Haryana High Court
Amit Sachdeva vs State Of Punjab on 10 January, 2014
CRM No.M-28752 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M-28752 of 2013 (O&M)
Date of Decision: 08.01.2014
Amit Sachdeva
...Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR.JUSTICE R.P. NAGRATH
1. Whether Reporters of the local papers may be allowed to see
the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the digest?
Present: Mr. Jitender Singh Dadwal, Advocate
for the petitioner.
Mr. B.S. Cheema, AAG, Punjab
for the State.
R.P. Nagrath, J.
This petition under Section 439 Cr.P.C. has been filed by the petitioner for grant of regular bail in case FIR No.10 dated 10.2.2013 for offences under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station Division No.1/Kotwali, Ludhiana, District Ludhiana.
2. On 10.2.2013 police party headed by ASI Kashmir Singh apprehended the petitioner and his co-accused and recovered from their possession 300 bottles of Rexcof cough syrup each containing Kumar Suresh 2014.01.13 10:37 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-28752 of 2013 2 100 ml. Thereafter on the basis of the disclosure statement further recovery was made. Detail of recovery is, 480 bottles of Rexcof cough syrup each containing 100 ml., 90000 capsules of Parvonspas, 1,50,000 tablets of Phenotil, 3456 vials of Avil, each vial containing 10 ml. of liquor, 1000 vials of Lupgesic each vial having 2 ml of liquor and 2400 vials of Malgescic each vial having 2 ml. of liquor.
3. The proceedings were conducted by calling Assistant Commissioner of Police at the spot. Learned counsel for the petitioner vehemently contends that there is valid license (Annexure P-2) in the name of M/s. Punjab Medical Centre owned by father of the petitioner which was valid from 24.7.2007 to 23.7.2017. Learned counsel for the petitioner also referred to the bill of purchase dated 9.2.2013 (Annexure P-3) of all these items by M/s. Punjab Medical Centre from the pharmaceutical distributors.
4. In the reply filed today by the Assistant Commissioner of Police (North), Ludhiana, it is stated that the licence is in the name of the firm of the petitioner's father and the bill (Annexure P-3) is also in the name of petitioner's father. It is, however, stated that these documents do not entitle the petitioner to possess the said items.
5. After hearing learned counsel for the petitioner and the State counsel, I find no merit in the instant petition.
6. Learned counsel for the petitioner contended that the licence was originally issued in the name of M/s. Punjab Medical Centre which was valid up to 23.7.2012 and on the same day father Kumar Suresh 2014.01.13 10:37 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-28752 of 2013 3 of the petitioner applied for renewal of the licence vide (Annexure P-2). However, renewal of the licence was issued on 12.2.2013 with validity of licence upto 23.7.2017. Perusal of photocopy of the licence Annexure P-2 with validity period from 24.7.2007 to 23.7.2017 shows that the licence excludes except drugs containing narcotic drgus e.g. Dextropropoxyphene, Diphenoxylate, Codeine and Psychotropic Substance, namely, Fentazocine, Buprenorphine & Nitrazapam & Theip Salts in the formulation.
7. Report of the Chemical Examiner was also placed on record by the learned State counsel. On examination, following salts were found in various parcels sent for examination:- 1 2 3 4 5 6
Chlorpheniramin 3.2mg/ 3.2mg/ - - - -
e Maleate 5ml 5ml
Codeine 9.8mg/ 9.8mg/ - - - -
Phosphate 5ml 5ml
Diphenoxylate - - 2.2mg/ - - -
tab
Atropine - - 0.022mg - - -
sulphate /tab
Bupernorphine - - - 0.28mg 0.27mg/ -
hydrochloride /ml ml
Dextropropoxyp - - - - - 64.6m
h-ene g/ml
hydrochloride
Dicyclomine - - - - - 9.2mg/
hydrochloride cap
Paracetamol - - - - - 399.6
mg/ca
p
8. Diphenoxylate is covered under Entry 44 of the Schedule to the NDPS Act, Codeine is covered under Entry 28 of the said Kumar Suresh Schedule, Dextropropoxyphene is the salt mentioned in Entry 33 of 2014.01.13 10:37 I attest to the accuracy and integrity of this document Chandigarh CRM No.M-28752 of 2013 4 the said Schedule.
9. As per the Schedule possession of more than 1 Kg. of codeine, more than 500 gms. of Dextropropoxyphene and more than 50 gms of Diphenoxylate are all commercial. In view of the above, recovery made from the petitioner was of commercial quantity
10. No merit in the instant petition for grant of regular bail.
11. Dismissed.
(R.P. Nagrath) 08.01.2014 Judge sk Kumar Suresh 2014.01.13 10:37 I attest to the accuracy and integrity of this document Chandigarh