Punjab-Haryana High Court
Harjit Singh vs State Of Punjab on 5 March, 2013
Crl. Misc. No.M-1141 of 2013(O&M)
1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Crl.Misc.No.M- 1141 of 2013
Date of decision : 05.03.2013
Harjit Singh ..... Petitioner
versus
State of Punjab ...Respondent
CORAM:HON'BLE MR. JUSTICE VIJENDER SINGH MALIK
1. Whether Reporters of Local Newspapers 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: None for the petitioner.
Ms. Anmol Grewal, AAG,Punjab
for the State.
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VIJENDER SINGH MALIK , J Harjit Singh, the petitioner has sought regular bail in a case registered by way of FIR No. 32 dated 10.05.2012 at Police Station Begowal, District Kapurthala, for an offence punishable under section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act).
Crl. Misc. No.M-1141 of 2013(O&M) 2 The petitioner has claimed that he is practicising as a doctor in village Bholath. According to him, the police raided his clinic and recovered different types of medicines. The medicines recovered from the petitioner are Lorazepam, Diphenoxylate Hydrochloride, Atropine Sulphate, Dextropropxyphene, Dicyclomine Hydrochloride, Paracetamol , Chlorpheniramine Maleate, Codeine Phosphate and Alprazolam.
Lorazepam itself is a salt, which falls in schedule H of the Drugs and Cosmetics Act, 1940. Diphenoxylate Hydrochloride and Atropine Sulphate, the combination of which are covered by entry no.58 of Notification No. SO 826 (E) dated 14.11.1985. Dextropropxyphene, Dicyclomine Hydrochloride, Paracetamol, Chlorpheniramine Maleate, Codeine Phosphate and Alprazolam drugs are falling under schedule H of the Drugs and Cosmetics Act, 1940.
Learned State counsel has submitted that the petitioner did not possess a licence to keep the medicines in his possession. According to her, these medicines are being used as intoxicants and the petitioner was not keeping those medicines for therapeutic use.
Crl. Misc. No.M-1141 of 2013(O&M) 3 In a case, having parallel facts, reported as State of Uttaranchal v. Rajesh Kumar Gupta 2006(4) RCR (Criminal) 974, a huge quantity of allopathic medicines containing psychotropic substances had been recovered from the accused, who was a medical practitioner. It has been held that possession of the drugs, which were used for medicinal purposes and fell within the purview of schedule G and H of the Drugs and Cosmetics Act, 1940, prima-facie did not attract the provisions of the Act. The case before this court is having parallel facts. The petitioner is a medical practitioner, who is found in possession of schedule H drugs, which are used for allopathic purposes. Consequently, the possession of the same would not prima-facie attract the provisions of the Act.
Even otherwise, this is the stage of grant of bail and the petitioner in the present circumstances seems to deserve the concession of bail. The petition is ,consequently ,allowed. The petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.30,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Kapurthala.
March 05, 2013 (VIJENDER SINGH MALIK) dinesh JUDGE