PUNEET KAUSHAL @ SUNNY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is for the fourth time that the petitioner has approached this Court for grant of bail in case FIR No.189 of 2016 dated 29.7.2016 registered under Sections 21/61/85 of Narcotic Drugs and Psychotropic Substances Act (for short 'ND & PS Act') and under Section 18 of the Drugs and Cosmetics Act, registered at Police Station, Baddi, District Solan, H.P. On earlier three occasions, the bail applications filed by him were withdrawn and it is not difficult to fathom.

(2.) As per the case of the prosecution, the petitioner was apprehended with 25000 tablets labelled as Microlit, containing salt of Diphenoxylate and Altrophine sulphate, which admittedly is of commercial quantity. Not only this, the petitioner was further alleged to have been found in possession of 1440 capsules of 'SPASMO PROXYVON PLUS' and that is the reasons why he has been prosecuted not only under the ND & PS Act but also under the provisions of the Drugs and Cosmetics Act.

(3.) It is contended that this Court has been granting bails in such matter and reference in this regard is made to a decision rendered by the two different Co-ordinate Benches of this Court in Surjeet Kumar vs. State of H.P. Cr.MP(M) No. 792 of 2017, decided on 17.7.2017, which judgment, in turn, has been relied upon by another Single Judge in Mandeep Singh vs. State of H.P., Cr.MP(M) No. 987 of 2017, decided on 16.8.2017.