RUPESH MESHRAM Vs. STATE OF C G

JUDGEMENT

(1.) This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant who was arrested in connection with Crime No. 245/2013 registered at P.S. Durg, Distt. Durg (C.G.) for the offence punishable under Sections 21 & 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth "NDPS Act, 1985"). On receiving secret information that applicant is engaged in selling brown sugar, the concerned Police recorded the information in Rosnamcha Sanha and arrested the applicant at 14.40 hours on 14.03.2013 on finding that the applicant is carrying 24 small sachets of brown sugar, total quantity admeasuring 14 grams.

(2.) Learned counsel for the applicant would submit that the prosecution has not stated the exact quantity of diacetyl-morphine, therefore, the quantity of narcotic substance is not ascertained and as such the applicant deserves to be released on bail. He has placed reliance on judgments E. Micheal Raj Vs. Intelligence Officer, Narcotic Control Bureau, 2008 CrLJ 2250 Paras 6 & 13; Rajdeep Singh Vs. State of Punjab, 1999 3 Crimes 308 3 & 4; Girdhari Nath Vs. The State of Rajasthan through Public Prosecutor, 1998 4 Crimes 347 and Union of India Vs. Lalit Baruah & others, 1998 1 Crimes 65. He would also submit that brown sugar is not a narcotic substance as the same is not defined under the Act.

(3.) Learned State Counsel would oppose the prayer for grant of bail and would submit that diacetyl-morphine has been found in the report of FSL which is the chemical name of brown sugar and the applicant has previous antecedents of committing similar crime wherein he was found in possession of 18 grams of brown sugar in the year 2012 itself, therefore, he does not deserve to be released on bail.