SANJAY KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) SH . Kalyan, HC No. 211, I/O Police Station Paonta Sahib, Distt. Sirmaur is present.

(2.) IN connection with F.I.R. No. 13/13 dated 9.1.2013, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Paonta Sahib, Distt. Sirmaur, petitioner stands arrested. He filed an application for grant of bail which stands rejected by the trial Court in terms of order dated 28.2.2013. Thereafter, petitioner has filed the instant petition seeking bail in connection with the aforesaid F.I.R.

(3.) IT is urged by Mr. Karan Singh Kanwar, learned counsel for the petitioner that F.I.R. has been wrongly registered under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) for the reason that the salt (drug) pertaining to which the capsules were allegedly recovered from the petitioner does not fall within Scheduel-1 of the Rules framed under the NDPS Act. It is also urged that the recovered substance i.e Dextro Pre-Proxyphine napsilete is below 100 mg and in any event does not fall within the definition of psychotropic substance under the NDPS Act. Still further it is urged that Codine which is contained in the bottles is below 100 gm. In support of his contention he has referred to and relied upon the decision rendered by the Apex Court in State of Uttaranchal vs. Rajesh Kumar Gupta, (2007) 1 SCC 355 as also the following decisions rendered by various High Courts of the land: Usv Ltd. & another vs. State of Maharashtra & others, 2006 (6) Mhlj 461; Rajeev Kumar vs. State of Punjab, [1998] 1 EFR 560/[1997] 4 RCR (Cri) 846; Pawan Kumar vs. State of Punjab, CRR No. 165 of 2009, decided on 28.1.2010 (P&H); Ashwani Kumar Tuli vs. State of Punjab, [2011] 1 RCR (Cri) 314; Harpreet Singh vs. State of Punjab, Crl. Misc. No. M-36158 of 2012, decided on 10.1.2013; Manjit Singh vs. State of Punjab, Crl. Misc. No. M-14598 of 2008, decided on 17.1.2011; Deep Kumar vs. State of Punjab, 1997 (2) R.C.R. (Criminal) 417; Baljit Singh vs. State of Punjab, 2002 (4) R.C.R. (Criminal) 664; Sukhwinder Singh alias Sonu vs. State of Punjab, Cr. Misc. No. M-15982 of 2012, decided on 10.1.2013; Satwinder Singh vs. State of Punjab, Cr. Misc. No. M-7820 of 2010, decided on 19.1.2012.