SERA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) According to the prosecution, 700 tablets of Phenotil were recovered from the possession of the petitioner on 11.9.2013 when he was searched by ASI Dilbar Singh of Police Station, Dhanaula. He was taken into custody as he had committed an offence under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) Learned counsel for the petitioner submits that as per the report of Forensic Science Laboratory, each of the tablets, which was sent as sample came to be weighed as 74 milligrams and, therefore, the total weight of 700 tablets would be 50.8 grams. The same is marginally more than the non-commercial quantity. Further, the petitioner is not involved in any other case. Investigation of the case is complete and challan presented but the trial Court has not taken up the case for consideration of charge.

(3.) Learned State counsel could not dispute the factum of the petitioner being found in possession of 50.8 grams of Phenotil which has Diphenoxylate hydrochloride as an active ingredient. After obtaining instructions from ASI Dilbar Singh, learned State counsel has informed the Court that the petitioner is not involved in any other case.