BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Baljinder Singh, the petitioner seeks regular bail in a case registered by way of FIR No. 65 dated 26.06.2012 at Police Station Kulgarhi, District Ferozepur, for an offence punishable under section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act).

(2.) Learned counsel for the petitioner has submitted that the petitioner was allegedly found keeping in his possession some tablets named Phenotil, Wintram and Lomofen. According to him, the matter was referred to Review Committee, which has suggested prosecution of the petitioner under the Act. According to him, the recommendation of the Review Committee is not acceptable because Diphenoxylate, which is one of the ingredients of Phenotil falls at Sr. No.58 in the notification No. SO 826-E dated 14.11.1985 of the Government of India and therefore is not a manufactured drug. According to him, the other ingredients of the tablets are reported by the Review Committee to fall in Schedule H of Drugs and Cosmetics Act, 1940. He has further submitted that in view of the report, the violation may be under Drugs and Cosmetics Act and not under the Act.

(3.) Learned State counsel, on the other hand, has opposed the bail plea. According to him, the report of the Review Committee is to the effect that the petitioner should be prosecuted under the Act. According to him, the tablets found in possession of the petitioner were large in number and he had no licence to keep the same.