DEVILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant second application for bail has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No. 38/2016, Police Station Sangariya, District Hanumangarh, for the offences under Sections 8/21, 22 of the N.D.P.S. Act and Sections 8C/27B(2) of the Drugs and Cosmetics Act.

(2.) The first bail application submit on behalf of the petitioner was rejected by this Court on 24.2.2016 while investigation was still pending. Now post filing of charge-sheet, this second bail application has been moved.

(3.) Learned counsel for the petitioner urged that medicinal preparations were recovered from the possession of the petitioner and thus, he can only be prosecuted under the provisions of Drugs and Cosmetics Act. He relied upon the order dated 16.9.2015 passed by the Hon 'ble Single Bench of this Court in a bunch of bail applications led by S.B. Criminal Misc. Bail Application No. 7976/2015 (Mahesh v. State of Rajasthan) wherein, dealing with a case involving similar recovery, the Hon 'ble Single Bench of this Court held that Drugs and Cosmetics Act is competent and self sufficient Statute for dealing with the cases where drugs for personal consumption are recovered. He submit that this Court in the above case has unequivocally held that unless it is alleged that the drugs were manufactured by an unregistered company or a company which does not have a license to do so or they contain psychotropic content in excess of permissible limit and were in a different form than as manufactured and packed to be sold as medicine by chemist and medical practitioner, the provisions of N.D.P.S. Act would ex-facie have no application whatsoever.