GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner seeks grant of regular bail under Sec. 439 Cr.P.C in case bearing FIR No.30 dated 30.03.2016, registered under Sec. 22 of the NDPS Act at Police Station Kot Isah Khan, District Moga.

(2.) As per prosecution case, FORIDOL tablets, ALMAX tablets, BUPROEX tablets, TRADOL tablets and TRIESR tablets were recovered from the petitioner. Foridol tablets contain 'Tramadol Hydrochloride' and 'Domperidone', therefore, it does not fall under the ambit of psychotropic substance. 300 tablets of Almax were allegedly recovered. Each tablet was of 140 mg in weight, therefore 42000 mg i.e. 42 gms. of Almax tablets were allegedly recovered. The recovery of Almax tablets was less than the commercial quantity. Buprex tablets on being weighed were found to be 99 gms.

(3.) The controversy with regard to Buprenorphine at serial number 169 of the notification/Schedule of the NDPS Act (for short 'the Act'), whether would be a psychotropic substance or not, will be a debatable issue in the light of conflicting opinions.