KARNAIL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant bail petition filed under Section 439 CrPC has been preferred by the bail petitioner namely Karnail Singh, who is in custody since 25.8.2017, praying therein for grant of bail in FIR No. 262/17 dated 24.8.2017, under Section 22 of the Narcotic Drugs & Psychotropic Substances Act and Section 18C of Drugs and Cosmetics Act registered at Police Station Una, District Una, Himachal Pradesh.

(2.) Sequel to order dated 1.1.2018, HC Brij Bhushan has come present with the record. Mr. M.L. Chauhan, learned Additional Advocate General has also placed on record status report, prepared on the basis of investigation carried out by the investigating agency. Record perused and returned.

(3.) Perusal of record suggests that FIR as detailed herein above came to be lodged at the behest of complainant namely HC Brij Bhushan No. 94, who alleged that on 24.8.2017, he received a secret information that bail petitioner is involved in illegal trade of narcotic drugs, as defined under Narcotic Drugs & Psychotropic Substances Act. On receipt of secret information, the raiding party also associated Drug Inspector namely Anup Sharma. The raiding party alongwith Drug Inspector reached the shop of accused and effected search, as a result of which, 597 bottles of 100 ml cough syrup namely Altorex and Onerex came to be recovered from medical shop owned and possessed by the bail petitioner. Apart from above, police also recovered tablets namely Lomotil (1470), Trimtol (4400), Jagdol X, Tranzex Plus, Parvon Spas Plus (15900), Alprawin 0.5 (43120) and Alprawin 0.25 (38400). During the course of search, vehicle No. HP-80-5100 (Maruti Swift Dzire) owned by the bail petitioner was also searched wherein 49 bottles of Onerex cough syrup were recovered. Since bail petitioner was unable to produce licence, if any, possessed by him for storing aforesaid drugs allegedly recovered from his car and medical store, police seized the contraband and registered a case against the bail petitioner. FSL report available on record suggests that drug namely Altorex, Onerex, Lomotil, Alprawin 0.5 and Alprawin 0.25 contained prohibited drugs namely Codeine Phosphate, Diphenoxylate Hydrochloride and Alprazolam, respectively, whereas, other drugs were not found to be Narcotic Drugs & Psychotropic Substances as mentioned in Schedule of notification of Narcotic Drugs & Psychotropic Substances Act, 1985. As per FSL report, 1.96 and 1.98 mg Codeine Phosphate was found present in one bottle of 100 ml cough syrups namely Altorex and Onerex, respectively. 2.47 mg Diphenoxylate Hydrochloride and 0.0254 mg Atropine Sulphate in 3 strips of tablets namely Lomotil was found. Similarly, FSL reported that in 8 strips of tablets namely Alprawin 0.5, prohibited drug namely Alprazolam 0.458 mg was found, whereas in drug namely Alprawin 0.25, FSL found 0.237 mg Alprazolam in 8 strips i.e. 80 tablets, which were sent to the FSL.