JASWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, who is charged in a case registered against him under Section 21/22/61/85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 vide FIR No.373 dated 31.12.2011 registered at Police Station City Barnala, seeks her release on post-arrest bail under Section 439 Cr.P.C., on the ground that the alleged vials recovered from her are manufactured drugs and do not fall within the purview of prohibited substance under the provisions of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act). As per the allegations in the FIR, 7 litres of intoxicant liquid, which, as per chemical report is a codeine phosphate, has been recovered. Codeine is also a prohibited substance which finds mention at Serial No.28 of the Notification specifying small quantity and commercial quantity, issued under Section 2 of the Act. Entry No.239 in the Notification talks about "any mixture or preparation that of with or without a natural material of any of the drugs" mentioned in the Notification. Thus, codeine phosphate is derivative/preparation of codeine and the liquid recovered from the petitioner is covered under Entry No.28 read with Entry No.239 in the notification.

(2.) As per the aforesaid Notification appended with the Act, commercial quantity prescribed for codeine is one kilogram. According to learned counsel, the case is not covered under the Narcotic Drugs & Psychotropic Substances Act, 1985, rather, it comes under the purview of Drugs and Cosmetics Act.

(3.) Per contra, learned Assistant Advocate General appearing on behalf of the State of Punjab has argued that quantity of narcotic substance found in possession of the petitioner, s per the Notification is a "commercial quantity". The petitioner is not having valid permit or licence under the Act or under the Drugs and Cosmetics Act. The petitioner does not deserve discretionary relief of bail, more so when the quantum of substance recovered, as per the report of the chemical examiner prima facie indicates the nexus of the petitioner with the crime, attracting prohibitory clause, i.e., Section 37 of the Act.