RAJINDER SINGLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Section 439 of the Code of Criminal Procedure for release of the petitioner on regular bail during pendency of the trial in case FIR No. 59 dated 03.08.2015 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (here -in -after referred to as the 'NDPS Act') at Police Station Banur, District Patiala.

(2.) LEARNED counsel for the petitioner submits that the petitioner has falsely been implicated in the case, whereas, no offence under Section 22 of the NDPS Act is made out against him. The petitioner, being doctor by profession, was entitled/competent to possess medicines including Buprenorphine, which has been alleged to be recovered from him. The provisions of NDPS Act are not attracted as there is no bar to keep the medicines. As per allegations in the FIR, the petitioner was apprehended while driving his vehicle and from the search of his vehicle, various medicines including Buprenorphine were recovered. An application was also moved by the petitioner before the Judicial Magistrate Ist Class, Rajpura for getting his statement recorded under Section 164 of the Cr.P.C. but the same was dismissed by passing cryptic mechanical order on the same date i.e., 04.08.2015. Learned counsel further submits that as per Rule 64, 65 -A and 66 of the NDPS Rules, 1985 (here -in -after referred to as 'the Rules'), there was no bar in keeping medicines being a doctor. Learned counsel also submits that a registered Medical Practitioner is exempted from all provisions of Chapter IV of the Drugs and Cosmetics Act, 1940 and Rules thereunder, except the requirement of purchasing the drug from a licensed dealer or manufacturer. The petitioner has been complying with the conditions as mentioned under the Rules. Learned counsel also submits that there is no provision of law that Buprenorphine therapy can be given only to indoor patients and not on OPD basis and the petitioner's claim of bail has been rejected only on this ground. There is no legal provision which bars the petitioner to keep medicines with him. Moreover, Buprenorphine tablets are being sold in the hospital as well as by the chemists in various Chemist Shops but just to falsely implicate the petitioner, the present FIR has been registered. As per provisions of NDPS Act, 1985 or Rules or the Drugs and Cosmetics Act, 1940 and Rules framed thereunder, there is no requirement of the license for the Registered Medical Practitioners. The petitioner is in custody since 03.08.2015. Learned counsel for the petitioner also submits that CWP No. 1361 of 2015 was filed by one Dr. Ashwin Mohan before this Court under similar circumstances and his warrants of arrest were stayed. The said petition is still pending and the interim order is also continuing.

(3.) HEARD the arguments of learned counsel for the parties and have also perused the documents available on the file.