SHIV KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in connection with FIR No.610/2015 of Police Station Suratgarh, District Sri Ganganagar for the offences punishable under Sections 8/22 and 29 of N.D.P.S. Act and Sections 18(C) and 27(B) (ii) of Drugs and Cosmetic Act, 1940. He has preferred this bail application under Section 439 Cr.P.C., 1973

(3.) Learned counsel for the petitioner has submitted that as per prosecution story, the police has recovered 8928 capsuls of Proxyvon Plus, 2200 tablets of Portadol and 180 tablets of Alprozolam from the co-accused Rafiq Khan and the petitioner has been implicated as accused on the basis of information given by co-accused Rafiq to the effect that he has procured the above mentioned drugs from the petitioner. Learned counsel for the petitioner has argued that matter is covered under the Drugs and Cosmetic Act, 1940 and it has wrongly been registered under the N.D.P.S. Act. He has placed reliance upon the order dated 4.11.2015 of this Court rendered in the case of Mahendra Gupta v. State (S.B. Criminal Misc. Bail Application No.10263/16).