VIRENDER THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE instant application has been filed under Section 439 Cr.P.C. The bail applicant who was presently in judicial custody seeks his release therefrom in FIR No. 280/2014 of 18.12.2014 lodged in Police Station, Dhalli, Shimla, H.P. The bail applicant was found in conscious and exclusive possession of 23 bottles of Rexcof. The weight of each bottle of Rexcof is 100 ML. The authority concerned by multiplying the total quantum of the mixture in each bottle with the number of bottles, inasmuch as by multiplying 100 ML x 23 computed and determined the content in it of the psychotropic/Narcotic substance, namely, codeine occurring at Serial No. 28 of the table appended to the ND&PS Act to be hence, a commercial quantity, as such rendering the entire contents of each of the 23 bottles of the Rexcof to be falling within the ambit of and purview of "commercial quantity".

(2.) THE learned counsel appearing for the bail applicant contends that the definition of "manufacture" occurring in sub -section (x) of Section 2, which is extracted hereinafter,

(3.) IN aftermath, the weight of codeine, the pure substance in each of the bottles of Rexcof as depicted in the label pasted on the bottle would not pronounce upon the factum of it being the determinant for gauging the weight of the narcotic drug or the psychotropic substance, rather the entire weight of the mixture in the bottle has to be borne in mind for determining its weight. Consequently, when the authoritative pronouncements of this Court as also given the notification of the Government of India issued in consonance thereto, have been tenably borne in mind by the authority concerned while rendering an opinion that the entire weight of the mixture in the 23 bottles of Rexcof, as recovered from the alleged conscious and exclusive possession of the bail applicant is the reckonable factor for computing the weight of the Psychotropic/narcotic substance renders the determination by the authority concerned to be not suffering from any infirmity. In sequel when the quantum of psychotropic substance/narcotic substance, as was recovered from the conscious and exclusive possession of the bail petitioner, falls within the ambit and purview of "commercial quantity", this Court in sequel is constrained to decline the facility of bail to the bail applicant. Accordingly, the application is dismissed.