GURSHARANJIT SINGH Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) The petitioner is seeking regular bail in FIR No.0134 dated 05.06.2018 under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Maloya, U.T.Chandigarh. The allegation against the petitioner is that 13 injections of Buprenorphine 2 ml and 13 injections of Pheniramine Maleate 10 ml each were alleged to have been recovered from the possession of accused.

(2.) Learned counsel for the petitioner has placed reliance upon the license dated 26.04.2018 (Annexure P-2) issued under the Drugs and Cosmetics Act, 1940 in the name of M/s Mann Medicos, which is a partnership firm and mentions the name of petitioner as one of the partners. He, accordingly, contends that he was duly licensed to stock the drugs in question. He further submitted that the case registered against the petitioner is false as he was never apprehended at the spot and he has already filed the Criminal Revision No.1512 of 2019 wherein this Court had passed the following order on 02.07.2019:-

(3.) According to the counsel, the petitioner is in custody since 05.06.2018. He has referred to Division Bench judgment of this Court in Saleem Mohd. vs. State of Punjab 2015(25) R.C.R.(Criminal) 816 wherein reliance has been placed upon the proviso to Rule 66 of Narcotic Drugs and Psychotropic Substances Rules, 1985 to contend that 100 doses of such like psychotropic substances could be retained for personal medical use.