SUKHJINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two post-arrest bail applications under Section 439 Cr. P.C., 1973 are arising out of common FIR bearing No.220/17 of Police Station Sangaria, District Hanumangarh, therefore, both are heard together and disposed of by common order. In the FIR, petitioners are charged for offence punishable under Section 8/21 of the NDPS Act, 1985 and Sections 18(c), 27(b)(ii) of the Drugs and Cosmetics Act, 1940.

(2.) As per prosecution case, both the petitioners were travelling by motorcycle No. RJ-31-SC-6099 on Nagaur Bus-stand - Hanumangarh route which was plied by accused petitioner Saleeim Khan and Sukhjinder Singh was pillion rider. The motorcycle was intercepted and police recovered 16 bottles of Vincorex and 24000 tablets of Tarmoset from them. On inquiry, when it was revealed that both of them were having no licence either under the Drugs and Cosmetics Act or under the NDPS Act, they were arrested and investigation commenced. After completion of investigation, police submitted charge-sheet for the aforesaid offences against both the petitioners.

(3.) I have heard learned counsel for the petitioners, learned Public Prosecutor and perused the materials available on record. Having regard to the facts and circumstances of the case and taking into account alleged criminal delinquencies of the petitioners under the NDPS Act and Drugs and Cosmetics Act, 1940, I am not persuaded for favourable disposition of both these bail applications. Recovery of Vincorex Syrup, containing Codeine Phosphate and Triprolidine Hydrochloride, which is a narcotic substance, and 24000 Tarmoset tablets from the petitioners without any drug licence is a matter of grave concern in the present era when steep rise in cases under the NDPS Act and illegal trafficking of scheduled drugs is alarming. Therefore, while refraining to make any comments on merits of the case, I feel dissuaded to enlarge petitioners on bail. Resultantly, the bail applications fail and same are hereby dismissed.