GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE instant petition is under Section 439 of the Code of Criminal Procedure for grant of concession of bail to the petitioner in FIR No. 61 dated 27.05.2012, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act'), registered at Police Station City Kotkapura, District Faridkot.

(2.) AS per the FIR, recovery effected from the petitioner is 15 packets of tablets of microlit containing 100 tablets each. The said tablets contain diphenoxylate hydrochloride which finds mentioned at serial No.44 of the notification dated 27.09.2001, according to which tablets containing diphenoxylate more than 50 grams, fall in the commercial quantity. Recovery effected from the petitioner, prima facie appears to be commercial quantity. Learned counsel for the petitioner states that petitioner is a petty drug addict and not a drug peddler or smuggler.

(3.) HOWEVER , keeping in view the statement of the learned counsel for the petitioner that petitioner is a petty addict and also that the quantity of tablets is not a large quantity, the petitioner appears to be a drug addict and is not a drug peddler or smuggler, this Court deems it fit that the petitioner and such persons need to be treated, rehabilitated and re-integrated into society. So, action is required to be taken under Sections 4, 7, 7A and 7B of the NDPS Act read with Article 47 of the Constitution of India. Relevant provisions are as under:- NDPS ACT