HARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Harjit Singh, the petitioner has sought regular bail in a case registered by way of FIR No. 32 dated 10.05.2012 at Police Station Begowal, District Kapurthala, for an offence punishable under section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short the Act).

(2.) The petitioner has claimed that he is practicising as a doctor in village Bholath. According to him, the police raided his clinic and recovered different types of medicines. The medicines recovered from the petitioner are Lorazepam, Diphenoxylate Hydrochloride, Atropine Sulphate, Dextropropxyphene, Dicyclomine Hydrochloride, Paracetamol , Chlorpheniramine Maleate, Codeine Phosphate and Alprazolam. Lorazepam itself is a salt, which falls in schedule H of the Drugs and Cosmetics Act, 1940. Diphenoxylate Hydrochloride and Atropine Sulphate, the combination of which are covered by entry no.58 of Notification No. SO 826 (E) dated 14.11.1985. Dextropropxyphene, Dicyclomine Hydrochloride, Paracetamol, Chlorpheniramine Maleate, Codeine Phosphate and Alprazolam drugs are falling under schedule H of the Drugs and Cosmetics Act, 1940.

(3.) Learned State counsel has submitted that the petitioner did not possess a licence to keep the medicines in his possession. According to her, these medicines are being used as intoxicants and the petitioner was not keeping those medicines for therapeutic use.