Deepak Sharma vs State of Punjab

Sabina, J.—Petitioner has filed this petition u/s 439 of the Code of Criminal Procedure, 1973 seeking regular bail in FIR No. 36 dated 10.11.2012 u/s 21, 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (''Act'' for short), registered at Police Station Narot Jaimal Singh, District Pathankot. As per the prosecution story, petitioner was found in possession of 500 grams of intoxicant powder. As per the report of the Chemical Examiner, the said powder contained Dextropropoxyphene.

As per the table attached to the Act, 20 grams of Dextropropoxyphene has been described as small quantity whereas in the column of commercial quantity, it has been mentioned as 500 grams. As per Section 27(A) of the Act, commercial quantity in relation to Narcotic Drugs and Psychotropic Substances means any quantity greater than the quantity specified by the Central Government by notification in the official gazette. Thus, more than 500 grams of Dextropropoxyphene would constitute commercial quantity. In the present case, petitioner was found in possession of 500 grams of Dextropropoxyphene.

Learned State counsel, on a query put by this Court, on instructions from Inspector Ramesh Kumar, has stated that petitioner is not involved in any other case. Accordingly, without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of Chief Judicial Magistrate, Pathankot.