ASHWANI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 439 Cr.P.C. is for grant of regular bail to the petitioner in FIR No. 244 dated 26.11.2012 under Section 22 of Narcotics Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sadar Ferozepur. As per allegations, 45 packets of Phenotil tablets containing 100 tablets each i.e. 4500 tablets and 35 strips of Parvon Spas capsules containing 10 capsules each strip were recovered from the conscious possession of petitioner Crl. Ashwani Kumar on 26.11.2012 by ASI Malkit Singh and thereafter the above said FIR was registered.

(2.) On notice, reply dated 29.10.2013 has been filed by the Deputy Superintendent of Police (City), Ferozepur wherein it is stated that at the time of recovery the petitioner failed to produce any bill relating to said recovered contrabands as well as licence to keep these contrabands. Since the recovery from the petitioner is of a huge quantity of drugs without any authorized licence and the offence was under the NDPS Act, he is not entitled to be released on bail.

(3.) It is not mentioned in the reply that the petitioner is involved in any other offence under the NDPS Act. The State counsel could not dispute the judgment passed by the Supreme Court in Parmanand v. State of Haryana and others, 2014 1 RCR(Cri) 437No. 9730/2012) wherein keeping in view that the State Government has not issued any instructions that under the NDPS Act any licence is required for storage of allopathic drugs containing narcotic drugs and psychotropic substances, the accused was released on bail. Moreover, the controversy whether the manufactured drugs fall under the NDPS Act is pending consideration before the Division Bench of this Court.