SATISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Satish Kumar, the petitioner seeks regular bail in a case registered by way of FIR No. 64 dated 30.09.2011 at Police Station Bareta, District Mansa, for an offence punishable under section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985(for short 'the Act'). Learned counsel for the petitioner has submitted that the prosecution claims to have recovered 32 bottles of REXCOF, a cough syrup from the possession of the petitioner. According to him, each bottle contained 100 ml. of the syrup. He has further submitted that the syrup in question is manufactured by Ms. Cipla India Limited and it has therapeutic use in the case of dry cough. According to him, each 5 ml. of this syrup contains 9.9 mg. of Codeine (phosphate), which is within permissible limit of 100 mg per dosage unit. He has further submitted that M/s Cipla India Limited has issued a clarification to the effect that the cough syrup does not fall within the provisions of the Act. According to him, if there is breach of any provisions in this case, then the same is under Drug and Cosmetic Act.

(2.) Learned State counsel, on the other hand, has opposed the bail application. According to her, the petitioner is not a chemist and so he was not authorized to have in his possession the bottles in question. According to her, this liquid is used by youth in the area as intoxicant and for the purpose of serving those persons with the same, the petitioner has kept the same in his possession.

(3.) As per Government notification SO 826(E) dated 14.11.1985 and SO 40(E) dated 29.01.1993 the salt named 'Codeine' is mentioned at entry No.35. These notifications list manufactured narcotic drugs. The petitioner is in custody since 30.09.2011. A period of more than nine months have passed from the date of his arrest. The question as to whether the cough syrup recovered from the petitioner would be covered by the Act or not, would be decided at the trial in the light of the above mentioned notifications. Keeping in view the aforesaid facts, the petitioner appears to be entitled to bail. The petition is, consequently, allowed. The petitioner is ordered to be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Mansa.