VANEET KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 439 of the Code of Criminal Procedure, has been filed by the accused-petitioner, for grant of regular bail, in case FIR No. 161 dated 28-8-2005, under Section 21 of the narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as the act' only), Police Station Guru -Har Sahai, district Ferozepur, which was registered against him, on the allegations, that on search of the bag, which was thrown by him, on 28-8-2005, 1200 intoxicant capsules and 8000 pyrevon capsules, manufactured in may 2005, the expiry date whereof, was April 2008, were recovered. The salt of dextropropexyphene, was found to be written, on the capsules. It was further alleged that the accused-petitioner absented from the Court proceedings, and was declared proclaimed offender, and, ultimately, arrested on 5-4-2008.

(2.) I have heard the counsel tor the parties and gone through the record of the case carefully.

(3.) THE Counsel for the petitioner, has submitted that this is the second petition for regular bail, having been filed by the petitioner, as his first petition for regular bail was dismissed on merits, vide order dated 4-9-2008. He has further submitted that the changed circumstance, is that, the salt of dextropropexyphene, which was found in one capsule, was below 135 mg and, thus, fell within the permissible limits and, as such, no offence under Section 21 of the Act, was committed by the accused-petitioner. He also placed reliance on Deep Kumar v. State of Punjab (1997 (2) RCR, 417): (1997 Cri LJ 3104) in support of his contention.