Kuldip Singh Alias Bhola vs State of Punjab

Nawab Singh, J.—Challenge is to the order dated February 9th, 2000 passed by Special Judge, Amritsar, whereby, petitioner was ordered to be charged u/s 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short ''the NDPS Act'') and was chargesheeted accordingly. Allegations, in brief, against the petitioner are that on August 29th, 1998 he was apprehended by the Police of Police Station Jhabal, District Tarn Taran while carrying 700 injections of Morphine. He was arrested. Sample out of the recovered injections was sent to the Forensic Science Laboratory, Punjab, Chandigarh. Vide its report dated September 29th, 1998 (Annexure P-1), it was found that injections contained Morphine sulphate at an average of 15 mg per milliliter. On the basis of FSL report, petitioner was charged u/s 22 of the NDPS Act.

Learned State counsel and Sh. Pardeep Kumar, Assistant Drug Controller, Government of Punjab, Chandigarh have stated that on the basis of FSL report, no offence is made out against the petitioner because strength of Morphine in each injection was not more than 0.2 per cent. On the similar facts, this Court in Sewak Singh v. State of Punjab 1998 (4) RCR (Cri.) 832 acquitted the accused who was charged u/s 22 of the NDPS Act for keeping in his possession 1000 injections containing Morphine but the strength of Morphine in each injection was not more than 0.2%. In view of above, the petition is accepted. Order under challenge is set aside. The petitioner stands discharged.