Rakesh Kumar Gupta vs State Of Punjab on 8 April, 2015
664 and a
judgement of this court in Tejinder Singh @ Montu Vs. State of Punjab, 2012
(1) RCR (Crl.) 678. Referring to different definitions under Section 2 of the
NDPS Act, learned Senior counsel for the petitioner concluded by submitting
that there was no scope of claiming that the contraband allegedly recovered from
the petitioner was opium. Learned Senior counsel for the petitioner also submits
that in view of the report of chemical examiner at Annexure P-5, no charge could
have been framed against the petitioner and the learned Special Judge has
committed patent illegality, while passing the impugned orders Annexures P-6
and P-7. He prays for allowing the petition.