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2013 DIGILAW 1169 (PNJ)

Jasjit Rai v. State of Punjab

2013-08-30

DAYA CHAUDHARY

body2013
Judgment Daya Chaudhary, J. The present petition has been filed under Section 439 Cr.P.C. on behalf of the petitioner-Jasjit Rai for grant of regular bail in case FIR No.67 dated 25.04.2013, under Sections 22/61/85 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Chamkaur Sahib, District Ropar. Learned counsel for the petitioner submits that the petitioner is a Pharmacist and is having Certificate of Registration from Punjab Pharmacy Council. He is also running a medical store for which renewal fee has been deposited with the Drug Inspector vide letter dated 04.01.2010. As per allegations in the FIR, some injections were recovered, which were sent to Chemical Examiner. Although recovery of 40 injections has been shown to be made but only one strip containing 5 injections of Buprenorphine was sent to Chemical Examiner, however, remaining were not sent to ascertain as to whether the injections recovered from the petitioner fall under provisions of NDPS Act or not. Learned counsel further submits that no independent witness was joined at the time of alleged recovery. There was delay in sending sample as the alleged recovery was effected on 25.04.2013 and sample was sent to Chemical Examiner on 05.06.2013 i.e., after a delay of 40 days. Learned counsel also submits that the case of the petitioner falls within the Drugs and Cosmetics Act, 1904 and not under the provisions of NDPS Act. Learned counsel also submits that under similar circumstances, regular bail was granted by this Court in Criminal Misc. No. M-1379 of 2013 as well as Criminal Misc. No. M-12566 of 2012. The petitioner is in custody since 25.04.2013. Learned State counsel opposes the submissions made by learned counsel for the petitioner and submits that in the present case, the custody period is less than the decisions/judgments relied upon by learned counsel for the petitioner. Heard arguments of learned counsel for the petitioner as well as learned State counsel. Considering the submissions made by learned counsel for the petitioner and also the fact that the question whether the injections/medicines recovered from the petitioner falls within the provisions of NDPS Act stands referred to Division Bench and in some of the cases, the petitioners have already been granted interim bail. The petitioner is in custody since 25.04.2013 and trial may take some time in conclusion. The petitioner is in custody since 25.04.2013 and trial may take some time in conclusion. In some of the cases under similar circumstances, bail has been granted to the accused persons because the matter has been referred to Division Bench. Accordingly, the present petition is allowed and the petitioner (Jasjit Rai) is directed to be released on regular bail subject to furnishing bail bonds and surety bonds to the satisfaction of the trial Court subject to a condition that he will not commit the similar offence during pendency of trial. In case, the petitioner is found to be involved in any similar offence during that period, the State is at liberty to move application for cancellation of bail.