ROOPA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order of mine shall dispose of CRM-M-41434-2019, filed by petitioner-Roopa Rani, and CRM-M-21924-2019, filed by petitioner-Sunny @ Mangta @ Manga, under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No. 156 dated08.10.2018, registered at Police Station Bhargo Camp, District Jalandhar, under Section 22 and 29 (added later on) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Learned counsel for the petitioner in CRM-M-41434-2019 contends that out of 4752 loose intoxicant capsules, only 50 capsules had been sent to the FSL for chemical examination in which the salt Tramadol Hydrochloride' was detected. He relies on a decision of this Court in State of Punjab vs. Dharam Singh 2010 (3) RCR(Cri) 94, to contend that where only a small sample from amongst the loose tablets/capsules is sent for chemical examination, it is not possible to presume that all of them contained the same salt. It is further contended that if the recovery of 50 intoxicant capsules is to be taken into consideration, the same will be on lesser side, which is not disputed by the learned State counsel.

(3.) In addition to the above, learned counsel for the petitioner in CRM-M-21924-2019 states that the petitioner has been falsely implicated in the present case on the disclosure statement of co-accused, Roopa Rani. He further contends that similarly situated co-accused, Babbal Kumar @ Sahil and Chetan Kumar @ Sunny @ Lambu, have already been granted regular bail vide order dated 15.02.2019 passed in CRM-M-6457-2019 by a Coordinate Bench of this Court.