RIKKY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petitions filed under Sec. 439 CrPC, prayer has been made for grant of bail in FIR No. 235 of 2016 dated 22.7.2016 under Sec. 21 of the Narcotic Drugs & Psychotropic Substances Act, registered at Police Station, Paonta Sahib, District Sirmaur, Himachal Pradesh. Though, status report was filed on 15.6.2017, no fresh status report has been filed today, in pursuance to order dated 15.6.2017.

(2.) Perusal of status report suggests that on 22.7.2016, police apprehended bail petitioners carrying 90 bottles of Corex cough syrup in four packets. Each bottle contained 100 ml contents, out of which 10 mg was Chlorpheniramine materate and Codeine Phosphate. Since bail petitioners, riding motor cycle No. UP-11AW-0408 failed to produce any document/permit for possessing the above named drug, FIR as mentioned above came to be registered against them under Sec. 21 of the Narcotic Drugs & Psychotropic Substances Act on 22.7.2016, and since then, bail petitioners are in custody.

(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 2.006 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.