LAWS(P&H)-2013-8-1165

GURMAIL SINGH Vs. STATE OF HARYANA

Decided On August 02, 2013
GURMAIL SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Gurmail Singh, accused in FIR No.38 dated 11.2.2013 under Sections 21/22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") registered at Police Station City Mandi Dabwali, District Sirsa prays for grant of bail in anticipation of arrest under Section 438 of the Code of Criminal Procedure.

(2.) On 10.2.2013, on receipt of information regarding illegal storage of intoxicating medicines and sale thereof, at medical shop and Nohra (out house) of G.S.Pharma, proprietorship of Gurmail Singh son of Balbir Singh resident of Alikan Road, Prem Nagar, Mandi Dabwali, District Sirsa, the police party headed by ASI Dharamvir Singh, reached medical shop of G.S.Pharma and PCR-11 was sent to bring doctor from CHC Dabwali. One of the persons fled away from the shop and the other namely, Gora Singh son of Balbir Singh was apprehended, who disclosed name of the other accused as Gurmail Singh. Dr. Bharat Bhushan, Medical Officer, CHC Dabwali came to the spot. On checking the shop and Nohra, intoxicating medicines were found. The shop was sealed by affixing seal "DS/2" and information was sent to DCO, Sirsa, The DCO, Sirsa, was out of station and informed that she would return next morning. Security was deployed on the shop and out house meant for storing fodder. On the next day, ASI Dharamvir Singh with a police party and officials of PCR-11 came to the spot. Vijya Raje, DCO, Sirsa, the Station House Officer and Dr. Bharat Bhushan, Medical Officer, CHC, Dabwali also came present. In the presence of Gora Singh, as Gurmail Singh did not come present, following medicines from Nohra Turi (out house used for storing wheat husk) were recovered:- <FRM>JUDGEMENT_1165_LAWS(P&H)8_2013_1.html</FRM>

(3.) Counsel for the petitioner contends that the drugs stated to be recovered falls within the Drugs and Cosmetics Act, 1940 and are manufactured drugs under the NDPS Act, therefore, no offence under the provisions of NDPS Act is made out. It is further submitted that the petitioner is a license holder to keep these drugs and is running the business in the name and style of M/s G.S.Pharma. The counsel has relied upon a reference made by this Court in Criminal Misc. No. M- 13140 of 2012, vide order dated 6.9.2012 and an extract from the said reference reads as follows:-