MANINDER KUMAR AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Maninder Kumar and Harpreet Singh, the petitioners seek regular bail in a case registered by way of FIR No.24 dated 31.3.2012 at Police Station Chamkaur Sahib, District Rupnagar for an offence punishable under sections 21 and 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act") and section 27 of the Drugs and Cosmetics Act, 1940.

(2.) Learned counsel for the petitioners has admitted at the outset that the petitioner, Maninder Kumar is not in custody. The record reveals that he was granted interim bail for 30 days i.e. with effect from 8.10.2012 to 8.11.2012 by this court, vide order dated 5.10.2012. He was directed to surrender before jail authorities on 9.11.2012. On the plea that he himself had undergone surgery and was advised bed rest, he prayed for extension of interim bail and the said extension was granted to him vide order dated 10.12.2012. This time, he was directed to surrender before the jail authorities on 30.12.2012. His prayer for extension of interim bail made thereafter was declined by this court vide order dated 23.1.2012 and he is stated to be at large. In these circumstances, when the petitioner, Maninder Kumar is at large, he cannot be held entitled to bail. Consequently, the petition qua Maninder Kumar is dismissed.

(3.) Learned counsel for the petitioner, Harpreet Singh has contended that the petitioner was found having in his possession 22,800 Phenotil tablets and 390 vials of Recodex. He has submitted that these are prescription drugs and their possession does not fall within the purview of the Act. According to him, the offence falls under section 27 of the Drugs and Cosmetics Act which provides for punishment of imprisonment which may extend to 3 years and with fine. According to him, this offence is bailable one, as per clause (2) of Schedule 1 of the Code of Criminal Procedure.