GURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Gurjit Singh, the petitioner seeks regular bail in a case registered by way of FIR No. 49 dated 10.10.2011 at Police Station Joga, District Mansa, 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 contended that the petitioner was found keeping in his possession 21 bottles of Rexcof each weighing 100 ml, a cough syrup manufactured by M/s Cipla Limited. According to him, it was found on analysis to contain Codeine Phosphate and Chlorpheniramine Maleate by the Forensic Science Laboratory. According to him, though the Review Committee constituted by this court consisting of Drugs Inspector, District Mansa, Superintendent of Police Crime, Bathinda Zone Bathinda, Superintendent of Police (Hqrs) Crime, Punjab Chandigarh and DIG of Police, Crime Punjab Chandigarh has found that the ingredients in the recovered material were Codeine Phosphate and Chlorpheniramine Maleate are covered Schedule -H of Drugs & Cosmetics Act yet the prosecution under section 22 of the Act has been recommended by the Committee. He has further submitted that the petitioner is in custody for the last more than one year and three months and the trial is also not making desired progress.

(3.) Learned State counsel, on the other hand, has opposed the bail plea. According to him, the petitioner was neither having any bill or voucher for purchase of these medicines nor had any valid licence to keep them in his possession.