NARVAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been preferred under Section 439 Cr.P.C. for grant of regular bail, during pendency of the trial, in case FIR No.66 dated July 10, 2014, under Sections 22 & 25 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for brevity, 'Act'), registered at Police Station, Kot Dharmu, District Mansa.

(2.) THE contention of learned counsel for the petitioner is that medicines alleged to have been recovered from the petitioner do not fall within the definition of 'Manufactured Drugs' as defined in Section 2(xi)(b) of the Act and are exempted vide Notification No.826(E) dated November 14, 1985. Thus, in the case in hand, the provisions of the Act will not be applicable and no offence can be said to have been made out against the petitioner.

(3.) MOREOVER , Notification Nos.SO -957(E) dated September 27, 2001 and 2941(E) dated November 18, 2009 have been issued under clause (viia) and (xxiiia) of the Act, meaning thereby, the same have been issued only for the purpose of determining as to whether the quantity of drug will fall in the category of small quantity or commercial quantity and for no other purpose. The notifications of the year 2001 and 2009 will not change the nomenclature of definition of 'Manufactured Drugs' provided under the Act.