NISHANT JAIN Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) This petition has been preferred under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.307 dtd. 2/9/2018 under Ss. 21, 22 of NDPS Act, 1985, registered at Police Station South Sector-34, Chandigarh.

(2.) The FIR was registered with the allegations that on 2/9/2018, when the police party was on patrol duty, a boy was seen coming towards Sec. 45/46 light point, who was carrying a bag of red colour in his hand. On seeking the police, he started walking quickly. The police party suspected that the boy is having some stolen items. After about 10-12 steps, he was apprehended and the boy tried to throw away the bag. Upon search, a white coloured cardboard box was found containing 24 intoxicating injections, out of which 12 were of Buprenorphine omgesic 2 ml each (total 24 ml) and 12 injections of Pheniramine Maleate 10 ml each (total 120 ml) and a small polythene pouch containing a brown coloured powder which was 8.70 gms of Heroin.

(3.) Learned counsel for the petitioner contends that quantity of Heroin recovered from the petitioner is small. Further, it is pointed out that 12 injections of Buprenorphine omgesic is little over the commercial quantity and has placed reliance on the order passed by this Court in Crl.Misc. No.7728 of 2018, Suraj @ Saroj vs. State of U.T., Chandigarh, decided on 28/2/2018, wherein 13 injections of Buprenorphine each containing 2ml. totalling 26.26 gms. of Buprenorphine were recovered and this Court granted the concession of bail to the accused taking that to be little above the commercial quantity. Learned counsel further contends that the investigation in this case is complete and challan stands filed.