SUNIL KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in FIR No.66/2012, dated 05.04.2012, registered at Police Station, Nahan, District Sirmour, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act ( for short 'Act').

(2.) IT has been stated that allegations against the petitioner are that he was found standing in the Bus-stand with the bag in his hand and on checking of the bag total 8040 capsules each containing 100 mg total 864 grams Dextro propoxyphone Napsylate, 41 bottles of Rexcof each containing 10 grams total 8.2 gm of Codic Phosphate, 800 tablets each containing 0.5 mg total 5 gram of Alpazolam, 40 bottles of Corex each containing 10 mg total 8 gram of Codine Phosphate were recovered. It has been stated that items allegedly recovered from the petitioner are not covered under the Act. On the basis of allegations, at the most, offence under Section 18 ( c) of the Drugs and Cosmetics Act is made out. The petitioner is in jail for the last about four months. The further custody of the petitioner will not serve any purpose.

(3.) THE status report has been filed. It has been stated that on 05.04.2012 at about 5.00 a.m., the police was patrolling at Bus-stand, Nahan. One person was standing on one side of the Bus-stand with a bag, he disclosed his name Sunil Kumar. He was looking perplexed. There was no other person at the Bus- stand at that time. The cursory check of the bag was done in the beginning, but when zip of the bag was opened, then several narcotic drugs were recovered from petitioner such as Spasmo Proxyvon 8640 capsules containing Dextro Propoxyphone Napsilate quantity 864 grams, Rexcof 41 bottles containing in all Codine Phosphate 8.2 gm Alprazolam 800 tablets containing total Alprazolam 4gm, 40 bottles of Corex containing Codine Phosphate 8 gram, 40 bottles of Torex, 5 packets of Tranquite, 7 bottles of Cofvond, Nimos 19, injections 25, Betnovate 5, mobile charger one, Dispovan 2 packets, Vitceng 7, Paracetamol 2 packets, Bitalic 3 packets, Relaxy 6 packets. The sampling and sealing were done on the spot. The petitioner was arrested. The report from the S.F.S.L., Junga, has been received. It has been stated that as per S.F.S.L. report and Drugs Inspector in four drugs the total quantity of psychotropic substance was found 880.6 grams. The challan has been submitted on 11.06.2012. The submission has been made for rejection of the bail application.