JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jasbir Singh, the petitioner seeks regular bail in a case registered by way of FIR No. 22 dated 26.3.2012 at Police Station Lakho Ke Behram, District Ferozepur for an offence punishable under sections 21 and 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act"). Learned counsel for the petitioner has contended that Alprazolam was found to be one of the ingredients of the recovered material. According to him, this is a schedule-H drug and since it is schedule-H drug, it is required to be used for medicine purposes and prima facie the provisions of the Act will not apply. In this regard, he drew my attention to a decision of Hon'ble Supreme Court of India in State of Uttaranchal v. Rajesh Kumar Gupta, 2006 4 RCR(Cri) 974. He has submitted that the material recovered is also not in huge quantity and as the petitioner is in custody since 26.3.2012, he is entitled to be released on bail.

(2.) Learned State counsel, on the other hand, has opposed the bail plea. According to her, the petitioner is not entitled to bail in view of recovery of contraband substance.

(3.) What was recovered from the possession of the petitioner is five packets of Alprazolam tablets, each packet containing 100 tablets and small packet of intoxicating powder weighing 50 gms. The entire material recovered contained Alprazolam, which is covered at Sr. No. 30 of the schedule appended to the Act. However, as per the recommendations of the Review Committee, Alprazolam is also covered by schedule-H of Drugs and Cosmetics Act, 1940 (for short, "the 1940 Act") and formulation having Alprazolam as one of its ingredients is a material covered under the 1940 Act.