AMIT KHURANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the instant petition, cast under the provisions of Sec. 439 of the Cr.P.C., the bail petitioner seeks an order for his being released from judicial custody. The petitioner is lodged in judicial custody, in case FIR No.156 dtd. 9/5/2021, registered at PS Israna, District Panipat, constituting therein offences, under Ss. 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (Ss. 22 and 29 of Narcotic Drugs and Psychotropic Substances Act added lateron).

(2.) The recovery of scheduled drugs, comprising of 4 bottles of BIOREX - 100 ML, 4 bottles of CODISTAR-100 ml, 25 injections DOLOPENT-1ML, 158 injections HACKET-1ML/30MG, 76 injections PANLAB-1ml/30mg, 420 Tablets of LOMOTIL, happened at the site of the occurrence initially from the alleged conscious, and, exclusive possession of accused Annu son of Karambir. However, the afore Annu made a disclosure statement, whereins, he revealed that he purchased the contraband (supra) from accused Feroz Ahmed. Consequently, Feroz Ahmed was arrested on 11/5/2021, and, from his alleged conscious and exclusive possession recovery of 600 tablets of Alprazolam, and, 800 injections of Pentazocine (Hacket) hence became effected. However, accused (supra) made a disclosure statement, that he purchased the contraband (supra) from one Anuj Kumar. Anuj Kumar was arrested on 24/5/2021. On the arrest of Anuj Kumar recovery of 13 boxes of TRAMADOL HYDROCHLORIDE CAPSULES containing 3900 capsules, and, 19 boxes of alprazolam tablets containing 11400 tablets, became effected, from afore, by the investigating officer concerned. The afore accused Anuj Kumar made a disclosure statement, naming thereins, the accused-applicant Amit Khurana, to be supplier of the afore psychotropic substance, as became recovered from his alleged conscious and exclusive possession. Consequently, the bail applicant was arrested on 26/5/2021.

(3.) Since the Hon'ble Apex Court has pronounced, that not only the weight of the prohibited salt, as, carried in the seized psychotropic substance, is to be borne in mind rather the entire or the gross weight of the seizure, is to be borne in mind, for making a conclusion, that whether the seizure falls within the category of small quantity, intermediate quantity or commercial quantity. Therefore, bearing in mind the afore principle of law, and, upon making its application, qua the gross weight of the seizure, thereupon the weight of the entire seizure or the gross weight thereof rather makes the seizure to fall within the domain of commercial quantity. Therefore, the rigors of Sec. 37 of the NDPS Act are applicable thereon, and, the bail applicant is prima-facie not entitled to his being admitted on bail.