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2012 DIGILAW 1864 (PNJ)

Sanjeev Kumar v. State of Punjab

2012-12-19

VIJENDER SINGH MALIK

body2012
JUDGMENT Mr. Vijender Singh Malik, J.: - Crl. Misc. No.56378 of 2012 Miscellaneous application is allowed. Documents Annexures P-5 and P-6 are taken on record. Crl. Misc. No.M-28593 of 2012 1. Sanjeev Kumar, the petitioner has sought regular bail in a case registered by way of FIR No. 80 dated 26.06.2012 at Police Station Mamdot, District Ferozepur, for an offence punishable under section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act). 2. Learned counsel for the petitioner has contended that the petitioner is a licensed chemist running his chemist shop in the name of M/s Narang Medicos. According to him, he has got a licence issued by a competent authority for running the shop. According to him, he was found in possession of 520 grams of powder and 1000 capsules of Parvon Spas. According to him, the Review Committee constituted by this court consisting of Drugs Inspector, Superintendent of Police, Crime, Superintendent of Police (HQ) Crime and DIG of Police, Crime has examined this case and has reported that the case is not covered by the Act. According to him, it is reported in the report that the drugs recovered from the petitioner are covered at Sr. No.87 of Notification no. 826-E dated 14.11.1985 and hence not covered under the Act. According to him, they have recommended prosecution of the petitioner under Drugs and Cosmetics Act, 1940. According to him, this report at least entitles the petitioner to bail. 3. Learned State counsel, on the other hand, has nothing to say in the matter because the Committee consisting of State officials has given the aforesaid report. 4. In view of the fact that the material recovered from the petitioner is not opined to be covered by the Act in the report of the Review Committee constituted by this court, I find the petitioner to be entitled to bail. Hence, the petition is 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 each in the like amount to the satisfaction of learned Chief Judicial Magistrate, Ferozepur. ---------0.B.S.0------------