Punjab-Haryana High Court
Jagseer Singh vs State Of Punjab on 11 December, 2012
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
CRM No.M-23696 of 2012 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M- 23696 of 2012(O&M)
Date of Decision: December 11, 2012.
Jagseer Singh.
...... PETITIONER(s)
Versus
State of Punjab.
...... RESPONDENT (s)
CORAM:- HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr. H.S.Rakhra,
Advocate, for the petitioner.
Mr. P.S.Paul, DAG, Punjab.
*****
RAM CHAND GUPTA, J.(Oral)
The present petition has been filed for regular bail under Section 439 of Code of Criminal Procedure in FIR no. 92 dated 18.12.2011, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as the 'NDPS Act') registered at police station Boha, District Mansa.
I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Judge, Special Court, Mansa dismissing bail application filed on behalf of the petitioner.
CRM No.M-23696 of 2012 2
Brief allegations against petitioner-accused are that, he was found in possession of 500 grams of intoxicating powder and 50 vials of manufactured drug labelled Rexcof. On analysis, it was found that Rexcof contained Codein Phosphate to the extent of 9.7 mg per 5 ml whereas, intoxicating powder contained 3.20 per cent of Diphenoxylate hydrochloride in sample of 10 grams.
As per the latest notification dated 18.11.2009 issued by the Central Government, Ministry of Finance, Department of Revenue in exercise of power conferred by clauses (viia) and (xxiiia) of Section 2 of the NDPS Act, the entire quantity is to be seen to determine as to whether the recovered quantity comes within the definition of commercial or non- commercial. As per entry 44 of the notification dated 09.10.2001 more than 50 grams of Diphenoxylate hydrochloride is commercial. In this case, recovery is 500 grams, which comes within the definition of commercial quantity. Hence, in view of bar created under Section 37 of the NDPS Act, petitioner is not entitled for bail.
In view of these facts and without expressing anything on the merit of the case, I am of the view that it is not such a case in which concession of bail should be granted to the accused. There is no merit in the instant application for bail filed by Jagseer Singh. The same is, hereby, dismissed.
( RAM CHAND GUPTA ) December 11, 2012. JUDGE 'om'