Kamaljit Singh vs State of Punjab

Mehinder Singh Sullar, J.—Petitioner Kamaljit Singh son of Amarjit Singh, has directed the instant 7th petition for the grant of regular bail, in a case registered against him, vide FIR No. 34 dated 5.6.2011 (Annexure P1), on accusation of having committed an offence punishable u/s 22 of The Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act"), by the police of Police Station City, Budhlada, Distt. Mansa.

Notice of the petition was issued to the State.

After hearing the learned counsel for the parties, going through the record with their valuable help and considering the entire matter deeply, to my mind, there is no merit in the present 7th petition for regular bail in this respect.

Precisely, the prosecution, inter-alia, claimed that on 5.6.2011, petitioner was apprehended by the police. In the wake of search of his bag, 10 boxes of Phenotil tablets, 50 packets, each containing 100 tablets (total 50000 tablets), one box containing 5000 Microlit tablets, 9 boxes of Alto 0.5 tablets containing 7200 tablets, five boxes of migest Kit 250 tablets, one plastic box containing 120 tablets of Vigora, 8 boxes of body grow powder each containing 500 grams i.e. total 4 kgs. powder as well as 500 grams intoxicating powder along with one vial of 900 ml of intoxicated liquid were recovered from the possession of the petitioner without any permit or licence. Having completed all the codal formalities, the instant case was registered against him by the police.

As is evident from the record that the following petitions for regular bail in this very case filed by the petitioner were dismissed as withdrawn by this Court:-

i) CRM No. M-17567 of 2012

ii) CRM No. M-38164 of 2012

iii) CRM No. M-1850 of 2013

iv) CRM No. M-23842 of 2013

Not only that, the previous petition for regular bail, bearing CRM No. M-14627 of 2013 filed by the petitioner was dismissed on merit by this Court, by virtue of order dated 8.5.2013, which, in substance, is as under:-

What cannot possibly be disputed here is that the indicated Narcotic Drugs, Psychotropic Substances and controlled salt, recovered from the possession of the petitioner, are duly described and squarely fall, within the ambit of amended table/schedule, appended with the NDPS Act and the relevant rules framed thereunder. Therefore, it cannot possibly be saith that no offence u/s of the indicated Act is made out against the petitioner, at this stage, as contrary urged on his behalf.

Not only that, the questions as to whether the possession of such manufactured Narcotic Drugs, Psychotropic and controlled substances, falls within the ambit of the schedule of NDPS or not is no more res integra and well settled.

An identical question came to be decided by this Court in case Parmanand Vs. State of Haryana and others, Having interpreted the relevant provisions & rules of the NDPS Act, the Cosmetics & Drugs Act and the previous judgment of this Court in case Vinod Kumar Vs. State of Punjab, 2013 (1) RCR (Criminal) 428, it was ruled that the possession of such manufactured Narcotic Drugs and Psychotropic Substances, contravene the provisions of, and is punishable under the NDPS Act, Rules and Order, 1993. Therefore, the indicated ratio of law is "mutatis mutandis" is applicable to the facts of the present case and is complete answer to the problem in hand.

Therefore, since the earlier pointed petition for regular bail was dismissed on merit, by way of indicated order, so, no ground, muchless cogent, is made out to allow the present 7th petition for bail filed by the petitioner in the obtaining circumstances of the case.

In the light of aforesaid reasons, as there is no merit, therefore, the instant 7th petition for regular bail filed by the petitioner is hereby dismissed as such.