AMIT THAMAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition for the grant of concession of regular bail filed by the petitioner and emanating from the record is that on 28.6.2012, the Investigating Officer received a secret information to the effect that the petitioner, by taking benefit of his medical store, used to illegally sell the intoxicating tablets, capsules and bottles of drugs to the students, including the young girls. If a raid is conducted immediately, he can be apprehended with large quantity of indicated intoxicating drugs. He believed the information as correct and sent the writing (ruqqa) to the police station for registration of the case.

(2.) THEREAFTER , having completed all the codal/statutory formalities and in the wake of raid, 1000 tablets of Phenolit, 200 capsules of Spasmoproxyven and 30 bottles of Rexcof Syrup were recovered from the possession of petitioner -accused without any valid licence or permit. On the basis of writing (ruqqa) and in pursuance of the pointed recovery, a criminal case was registered against him, vide FIR No.132 Arvind Kumar Sharma dated 28.6.2012, on accusation of having committed an offence punishable under section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act") by the police of Police Station Division No.5 Civil Lines, Ludhiana (Punjab), in the manner depicted here -in -above.

(3.) HAVING exercised his right of bail and remained unsuccessful before the Judge, Special Court, now the petitioner has preferred the present petition for the grant of regular bail in this Court, invoking the provisions of Section 439 Cr.PC.