BABLU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner seeks regular bail in FIR No.15/2023, registered under Ss. 22, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (The Act for short) at Police Station Rohru, H.P. The petitioner is co-accused alongwith two other co-accused persons Kesar Singh and Devi Dass in the aforesaid FIR.

(2.) The prosecution case is that:-

(3.) (i). Learned counsel prayed for enlarging the petitioner on bail primarily on the grounds that:- (i) the Cough Syrup compound allegedly recovered by the police from the petitioner does not fall within the definition of 'manufactured drugs' under the NDPS Act; The concentration of Methyl Morphine (Codeine) alleged to have been recovered by the respondent from the petitioner was not more than 2.5% in un-divided preparations and therefore in view of Entry No.35 in S.O. No.826 (E) dtd. 14/11/1985, cannot be said a manufactured drug falling under the provisions of NDPS Act. (ii) It was also submitted that the petitioner was arrested on 29/1/2023. A year has gone by. The respondent has completed the entire investigation qua the petitioner. Final report has been presented before the Court of competent jurisdiction. No object will be achieved by further detention of the petitioner. (iii) It was also pointed out that the other two co-accused persons have been enlarged on regular bail vide order dt. 1/3/2024 passed in Cr.MP(M) No.2619 and 3004/2023.