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2018 DIGILAW 88 (PNJ)

Sukha Singh v. State Of Punjab

2018-01-10

RAJ MOHAN SINGH

body2018
JUDGMENT Mr. Raj Mohan Singh, J.(Oral):- Petitioner seeks grant of regular bail under Section 439Cr.P.C in case bearing FIR No.126 dated 15.09.2017, registeredunder Section 22 of the NDPS Act at Police Station Kabarwala,District Sri Muktsar Sahib. 2. As per prosecution story, 20 strips of tablets make X-LPAM 0.5 mg (Alprazolam) containing 50 tablets in each strip i.e.1000 tablets in total and three boxes of tablets make Etizol eachcontaining 10/10 strips of 50 tablets each i.e. 1500 tablets intotal were recovered. 3. Learned counsel for the petitioner by referring to theSchedule contends that the contents of 5 grams of Alprazolamis the quantity prescribed for small quantity, whereascommercial quantity is 100 grams. If necessary calculations aremade, the weight of 1000 tablets of Alprazolam would come outto be 50 grams, however no weight of 1500 tablets of Etizol hasbeen shown and the composition of the said contraband is alsonot clear from the report of FSL. 4. Learned counsel further submitted that Alprazolam iscovered under serial no.30 of the Schedule appended to theNDPS Act 1985, but in view of recommendations of ReviewCommittee Alprazolam is also covered under Schedule (H) ofDrug and Cosmetics Act, 1940. 5. This Court in CRM-M No.34998 of 2016titled’Rachhpal Singh @ Goldi vs. State of Punjab’; CRM-M No.40769 of 2014titled ‘Baldev Singh vs. State of Punjaband another’ [2014(6) Law Herald (P&H) 5563] and Parveen @ Dunga vs. State of Punjab,2014(33) RCR (Criminal) 46has considered the composition ofsalt in Alprazolam and has granted bail to the accused. 6. In the instant case, two contrabands have been involved, the composition of Etizol has not been established inAnalyst’s report with reference to weight of the tablets and percentage of contraband, therefore, it would be appropriate togrant bail to the petitioner on his furnishing adequate bailbonds/surety bonds to the satisfaction of the trial Court. Ordered accordingly. 7. Nothing expressed hereinabove would be construed tobe an expression of any opinion on merits of the case.