Punjab-Haryana High Court
State Of Punjab vs Surjit Kaur @ Nikki on 26 April, 2013
C.R.R. No.1182 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.R.R. No.1182 of 2013 (O&M)
Date of decision : 26.04.2013
State of Punjab
...... Petitioner
Versus
Surjit Kaur @ Nikki
...... Respondent
CORAM : HON'BLE MR. JUSTICE AJAY TEWARI
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Present : Ms. Amarjit Kaur Khurana, Addl. A.G. Punjab,
for petitioner.
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1. Whether Reporters of 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?
AJAY TEWARI, J. (Oral)
C.R.M. No.20378 of 2013 For the reasons recorded, the application is allowed subject to all just exceptions. Delay of 51 days in filing the present appeal is condoned.
C.R.R. No.1181 of 2013
This appeal has been filed against the order discharging the accused under Section 22/61/85 of the NDPS Act in FIR No.135 of 02.06.2012 registered at Police Station City Sangrur.
The recovery was of 4000 intoxicating tablets of Phenotil, 400 capsules of Parvon Spas, 400 tablets of Carisoma and 60 phials of Rexcof. C.R.R. No.1182 of 2013 (O&M) -2- As per chemical examiner Diphenoxylate Hydrochloride 2.3 mg per tablet was found in the tablets of Phenotil, Dextropropoxyphene Hydrochloride 64.7 mg per capsule in Parvon Spas and Codeine Phospohate to the extent of 9.7 mg per 5 ml dosage was found.
The trial Court noticed that as per the Notification dated 14th November, 1985, in order for a drug to be proscribed under Section 21 of the NDPS Act, at least 135 mg Dextropropoxyphene, 2.5 mg Diphenoxylate Hydrochloride and less than 100 mg of the Codeine salt per dosage with a concentration of less than 2.5% in undivided preparation should have been detected. Since the samples did not show this quantity, the trial Court, in my opinion has rightly discharged the respondent.
Appeal dismissed.
Since the main case has been decided, the pending Criminal Misc. Application, if any, also stands disposed of.
( AJAY TEWARI )
April 26, 2013 JUDGE
Gaurav Sorot