RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties. Perused the material available on the record.

(2.) The instant second bail application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner who is in custody in connection with F.I.R. No. 51/2016, registered at Police Station Sadul Shahar, District Sri Ganganagar for the offences under Sections 8/21 and 22 of the NDPS Act and Sections 18(C), 27(B)(ii) of the Drugs and Cosmetic Act.

(3.) Learned counsel for the petitioner, addressing the Court for grant of bail to the petitioner, urges that a total of 50 tablets of Alprazolam weighing 0.5 mg. each and 10 bottles of Corex Syrup measuring 100 ml. each were recovered from the petitioner. Thus, the total weight of the psychotropic drug Alprazolam, even as per the admitted prosecution case would be 25 gms. which is well below the commercial quantity prescribed in the Schedule which is 100 gms. He further submits that so far as the Corex Cough Syrup is concerned, upon examination of the sample forwarded to the FSL, it was found that the sample did not give positive test for presence of the Codeine. Thus, he urges that the petitioner can now, by no stretch of imagination, be held responsible for being in possession of psychotropic drug in excess of commercial quantity and therefore, he deserves to be released on bail.