RANBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner Ranbir Singh seeks grant of regular bail in a case registered against him vide FIR No.71 dated 27.3.2018 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Patran, District Patiala for having been found in conscious possession of 40 bottles each having capacity of 100 milliliters, marked as ONEREX, containing Codeine Phosphate.

(2.) The facts, in nutshell, are that the petitioner along with one Shanky were apprehended on 27.3.2018 while travelling in a car bearing registration No.HR-32-K-5114. A search of the car by the police led to recovery of 7200 capsules containing Tramadol Hydrochloride and 40 bottles of ONEREX containing Codeine Phosphate. While ONEREX would attract penal provisions of NDPS Act, the capsules containing TRAMADOL may not attract penal provisions of the Act as it was only recently by way of notification dated 26.4.2018 that TRAMADOL has been included in list of Psychotropic Substances, whereas the recovery in the present case was made on 27.3.2018.

(3.) After conclusion of investigation, the police presented a challan against Shanky on 28.5.2018 while the present petitioner was kept in column no. 2. On 19.5.2018 the police, having found the petitioner innocent, had filed an application seeking discharge of the accused which was initially adjourned to 25.5.2018 and thereafter to 4.6.2018. The learned trial Court, however, while declining the said application proceeded to frame charges against the present petitioner along with his co-accused Shanky for offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide order dated 4.6.2018. Thereafter, the petitioner filed an application seeking grant of bail which was dismissed by the learned Special Court vide order dated 10.7.2018.