JASWINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) An F.I.R. No. 62/2013 dated 11.2.2013 was registered against the petitioner under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act" for brevity sake) in Police Station, Paonta Sahib. The petitioner moved an application bearing Bail Application No. 12-BA/22 of 2013 before the Special Judge-1, Sirmaur District at Nahan. He rejected the same on 20.3.2013. Hence, the present application. According to the facts contained in order dated 20.3.2013, on 11.2.2013 at about 10.00 P.M. when the police party was patrolling in official vehicle No. HP-07A-0325 at Gujjar Colony near Jagir Brick Kiln, on seeing the police vehicle, petitioner ran towards the fields. He was carrying a bag in his right hand. He was apprehended by the police. 25 strips containing 600 capsules of 510 mg Proxyvon were recovered. He could not produce any valid permit. The drugs recovered from the petitioner were taken into possession by the police. The petitioner was arrested. The petitioner was also arrested in FIR No. 226/2012 registered against him under Section 21 of the Act. He was released by the Court on 3.7.2012. The petitioner has again been arrested on 11.2.2013.

(2.) Mr. Karan Singh Kanwar has vehemently argued that the petitioner is innocent and has been falsely implicated. He has also argued that Proxyvon is not mentioned in the list of psychotropic substance in the Schedule prepared as per clause (xxiii) of Section 2 of the Act.

(3.) Mr. Pramod Thakur has strenuously argued that the substance recovered from the petitioner is narcotic drug. He has relied upon notifications issued by the Government of India No. S.O. 826(E) dated 14.11.1985 and S.O. 40(E) dated 29.1.1993 of manufactured narcotic drugs. Dextropropoxyphene has been defined at Sr. No. 87 of the notification.