RAHUL BHARDWAJ Vs. DIRECTOR OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 439 Cr.P.C for grant of regular bail to the petitioner in complaint case no.31 dated 5.11.2014 (now bearing NDPS Act No.774 dated 5.11.2014) titled as 'Parminderjit Singh Gill vs. Intelligence Officer, Directorate of Revenue (Zonal Unit) 51-D, Sarabha Nagar, Ludhiana' under Section 2, 8, 9, 21, 22, 27-A, 29 of Narcotics Drugs and Psychotropic Substances Act, 1985 (charges framed under Section 22, 27-A, 29 of NDPS Act, 1985 vide order dated 16.5.2015).

(2.) The brief facts of the case have been noticed by the learned Special Court, Ludhiana in para 5, which is extracted as under:-

(3.) Learned counsel for the petitioner has also contended that the recovered psychotropic substance does not fall under the NDPS Act whereas on the other hand, learned counsel for the respondent has contended that in view of Section 2 (xxiii) the Ketamine hydrochloride would fall within the scope of the Narcotics Drugs and Psychotropic Substances Act, 1985.