SUNIL BHATI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.100 dated 20.8.2018, registered under Section 22 of the NDPS Act at Police Station Sirhind, Tehsil and District Fatehgarh Sahib.

(2.) As per allegations in the FIR, 70 injections of Buprenorphine I.P Omgesic 2 mis. each and 30 injections of Avil 10 ml each have been recovered. The recovery is alleged to be commercial in nature.

(3.) The controversy as regards to Buprenorphine at Sr. No. 169 of the notification/ Schedule of the NDPS Act, whether would be a phychotropic substance or not, will be a debatable issue in the light of conflicting opinions rendered in Kismat Singh vs. State of Punjab, 2012 (2) RCR(Cri) 329 and Ajaib Singh vs. State of Punjab, 2012 (2) RCR(Cri) 330 on the one hand and Dilip Kumar Virvani and others vs. State of Chhattisgarh, 2014 (35) RCR(Cri) 329 on the other hand.