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2014 DIGILAW 954 (PNJ)

Raj Kumar v. State of Punjab

2014-06-20

NARESH KUMAR SANGHI

body2014
JUDGMENT Mr. Naresh Kumar Sanghi, J.: - Prayer in this petition is for grant of regular bail to the petitioner, Raj Kumar, son of Semmi Lal, resident of Geeta Bhawan Road, Near Rinku Pardhan Da Ghar, Gurdaspur, Tehsil and District Gurdaspur, who has been booked for having committed the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for brevity the ‘Act’) in a case arising out of FIR No.10, dated 21.01.2014, registered at Police Station, City, Gurdaspur. 2. Learned counsel contends that the petitioner was arrested on 21.01.2014 for illegally retaining 257 capsules of Pyreven spas. He further contends that similar situate co-accused Dimpi from whom 263 capsules of the same salt were recovered, was granted bail by this Court on 06.06.2014 vide order Annexure P3. The case of the petitioner is on better footing than of his co-accused Dimpi. 3. Learned counsel for the State very fairly concedes that charge-sheet has not yet been filed. Learned counsel for the State very fairly states that the salt Dextropropoxyphene hydrochloride was found in the capsules from the petitioner. The commercial quantity of the same is 500 grams as per the Act and the Rules and that the weight of the total capsules recovered from the petitioner would be less than 500 gms. She further concedes that the petitioner is neither required nor involved in any other case. 4. Heard. 5. In view of the fact that non-commercial quantity of 257 capsules of Pyreven spas was recovered from the petitioner and he is neither required nor involved in any other case, therefore, the present petition is allowed. The petitioner is ordered to be released on bail subject to his furnishing bail bonds to the satisfaction of learned Area Judicial Magistrate/Duty Magistrate, Gurdaspur. ---------0.B.S.0------------