MUKESH 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.38/2016 of Police Station, Tibbi, District Hanumangarh for the offences punishable under Sections 8/21 and 22 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C., 1973

(3.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case and even if the prosecution story is assumed to be true that recovery of 4000 tablets of Alprazolam has been effected, then also the content of Alprazolam in the recovered tablets was found as 2000 mg. as each tablet contained 0.5mg. Alprazolam, which is below commercial quantity. 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 NDPS Act. He has placed reliance upon the order dated 04.11.2015 of this Court rendered in the case of Mahendra Gupta v. State of Rajasthan (S.B. Criminal Misc. Bail Application No.10263/2015).