SATINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 439 Cr.P.C. for the grant of regular bail in FIR No.184 dtd. 11/12/2020, registered under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ' NDPS Act) at Police Station Sri Chamkaur Sahib, District Rupnagar, Punjab.

(2.) The petitioner is being prosecuted for having been found in illegal possession of 18 ampoules measuring 2 ml each containing Buprenorphine Hydrochloride.

(3.) Learned counsel for the petitioner submits that the petitioner, who is a 32 year old lady, has been falsely implicated in this case; there is no other case pending against the petitioner under the NDPS Act; even if the case of the prosecution is taken as the gospel truth, though vehemently denied, the recovered ampoules of Buprenorphine Hydrochloride, as per Rule 66 of the Narcotic Drugs and Psychotropic Substances Rules, 1985 come within the prescribed number which the petitioner could possess without a prescription; the petitioner is a patient of HIV positive; she is hypertensive; she has recently been operated for hernia; she has also severe pain on the right hypochondrium for which she has been given symptomatic treatment; due to HIV her immunity is low leading to frequent cough and fever; in January 2022, the petitioner is to be operated for Cholecystectomy; while on interim bail granted by this Court, the petitioner did not misuse such concession; investigation in the case is complete and that since in the petitioner's trial 12 prosecution witnesses still remain to be examined, the same will take a long time to conclude.