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Crl. Misc. No. M-12338 of 2012

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The petitioner is claimed to have been attending a court of learned Additional Sessions Judge, Sangrur on 10.03.2012, the date on which he is said to have thrown away the bag he carried and escaped from the spot. Though learned State counsel, has not been able to dispute the submission that on 10.03.2012 the petitioner was attending a court at Sangrur, even if it is not taken into consideration, the report of Review Committee constituted by Drugs Inspector, Patiala, Supdt. Of Police,Crime Patiala Range, Supdt. of Police, Crime, HQ, Punjab Chandigarh and Deputy Inspector General of Police Crime Punjab, Chandigarh has come on record and the same shows that the first parcel was of Carisoma which had the salt of Carisoprodol, which is nowhere mentioned in the Act. The report shows that the second parcel was of Phenotil tablets, which had the ingredients of Diphenoxylate HCL and Atropine Sulphate. The report shows that a preparation containing these two salts in the given proportion is covered by Notification No.527(E) dated 16.07.1996 at Sr. No.44. About capsule Parvon Spas , which has the ingredients of Dextropropoxyphene HCL, Dicyclomine HCL and Paracetamol, it is mentioned that Dextropropoxyphene HCL is mentioned at Sr. No.33 of Notification No.527(E) dated 16.07.1996 while Dicyclomine HCL is not Crl. Misc. No. M-12338 of 2012

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mentioned anywhere in the Act. Paracetamol is similarly reported to be not mentioned anywhere in the Act. Parcel No.4 is of Rexcof-20 bottles. The same is shown to contain Chlorpheniramine Maleate, which is not mentioned anywhere in the Act and Codeine Phosphate is exempted from the definition of manufactured drug by entry No.28 of the Notification No.527(E) dated 16.07.1996.

Taking into account the report of the Review Committee and the other circumstances of the case, I find the petitioner to be entitled to pre-arrest bail. The petition is consequently allowed. In the event of the arrest of the petitioner, he shall be released on bail to the satisfaction of the arresting/investigating officer subject to the conditions laid down under section 438 sub clause 2 (i)(ii) and