RINKU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition filed under Section 439 Cr.PC, prayer has been made for grant of bail in FIR No. 231/2016 dated 22.7.2016, under Section 21 of Narcotic Drugs & Psychotropic Substances Act, and Sections 181 and 186 of Motor Vehicles Act, registered at Police Station, Paonta Sahib, District Sirmaur, Himachal Pradesh. In pursuance of order dated 31.7.2017, HC Devinder Singh, No. 326, PS Paonta Sahib, District Sirmaur, Himachal Pradesh has come present with the status report. Mr. P.M. Negi, learned Additional Advocate General, has placed on record status report, prepared on the basis of investigation carried out by the investigating agency.

(2.) Perusal of status report suggests that on 20.7.2016, at 130 PM, near Girls School, Paonta Sahib, police apprehended petitioner, while he was riding a motor cycle No. HP17A-924 On the search of backpack being carried by him on his back, police recovered 136 plastic bottles of Corex Cough Syrup, 100 ml each, containing Codeine Phosphate I.P. 10 mg. Petitioner could not produce any document authorizing him to carry the above quantity of contraband. Case property was taken into possession and sealed. Codal formalities were completed. Petitioner was taken into custody on 20.7.2016 at 5.00 pm itself and since then he is in police custody. Challan has been presented in the court of learned Sessions Judge, Sirmaur at Nahan.

(3.) It also emerges from the status report that recovered contraband was sent to SFSL Junga for chemical analysis. SFSL, in its report has concluded that Codeine Phosphate measuring 1.981 mg/ml is present in 100 ml bottle of Corex cough syrup. SFSL report has concluded that Codeine Phosphate is present in the exhibit stated to be Corex cough syrup.