Punjab-Haryana High Court
Mohan Singh vs State Of Punjab on 29 May, 2014
Author: M.M.S.Bedi
Bench: M.M. S. Bedi
CRM NO. M-15153 OF 2014(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM NO. M-15153 OF 2014(O&M)
DECIDED ON : May 29, 2014
Mohan Singh
..........Petitioner
VERSUS
State of Punjab
........Respondent
CORAM : HON'BLE MR. JUSTICE M.M. S. BEDI.
PRESENT:- Mr. Puja Chopra, Advocate for the petitioner.
Mr. S.S. Gill, DAG, Punjab.
M.M.S.BEDI, J.
Petitioner has been in custody w.e.f. 03.09.2013 for having been found in possession of 1300 capsules of parvon spas. Report of the Chemical Examiner was not appended with the challan at the time of framing of charge. The said report was not before the trial Court.
I have considered the facts and circumstances of the case, the petitioner can be granted the concession of regular bail that till date it is not prima facie established that capsules of parvon spas contained dextyropropoxphene because as per the gazette notification dated May 23, 2013 issued by the Ministry of Health and Family Welfare to the effect that the use of the drug dextyropropoxphene and formulations containing dextyropropoxphene for human use, was likely to involve risk to human beings and safer Anjal Gupta 2014.05.31 11:37 I attest to the accuracy and integrity of this document high court chandigarh CRM NO. M-15153 OF 2014(O&M) 2 alternatives of said drug being available, the Central Government in the exercise of powers under Section 26-A of the Drugs and Cosmetics Act, 1940 has suspended the manufacture of sale/distribution of dextyropropoxphene and formulations containing dextyropropoxphene for human use with immediate effect.
It is apt to mention here that it is not the case of the prosecution that the capsules of parvon spas recovered from the petitioner on 03.09.2013 stood manufactured before 23.05.2013. Even otherwise, the petitioner has been charged without any chemical report.
In view of the above, the petition is allowed. Petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the trial court subject to the condition that he will not commit similar offence of which he is accused of during the pendency of the trial.
(M.M. S.BEDI) 29.05.2014 JUDGE ANJAL Anjal Gupta 2014.05.31 11:37 I attest to the accuracy and integrity of this document high court chandigarh