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Judgment
16 paragraphs · 277 wordsRAJ MOHAN SINGH, J.(Oral)
Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.182 dated 19.12.2017 registered under Sections 22/61/85 of
NDPS Act at Police Station Rahon, District SBS Nagar.
As per allegations in the FIR, 12 injections of Buprenorphine weighing 2 ML each and 12 injections of Avil weighing 10 ML each were allegedly
recovered from the petitioner. FSL report has been received.
The controversy with regard to Buprenorphine at serial No.169 of the notification/Schedule of the NDPS Act, would be debatable as to whether it is
psychotropic substance or not.
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In view of ratio laid down in Ajaib Singh Vs. State of Punjab, 2012(2) RCR (Criminal) 330, Burprenorphine is not mentioned in Schedule I of the
NDPS Rules, therefore, provision in terms of Section 8 of the Act would have no application. In Kismat Singh Vs. State of Punjab, 2012(2) RCR
(Criminal) 329, the same proposition was held. In view of opinion to the contrary given by Chattishgarh High Court in Dilip Kumar Virvani and
others Vs. State of Chattishgarh, 2014(35) RCR (Criminal) 329, it would be debatable as to the contraband falling under the ambit of narcotic
substance or otherwise.
In view of above, without meaning anything on the merits of the case, I deem it appropriate to enlarge the petitioner on regular bail subject to his
furnishing adequate bail bonds and surety bonds to the satisfaction of the trial Court.
Nothing expressed hereinabove would be construed to be an expression of any opinion on merits of the case.