Manjeet Singh S/o Sh. Ram Singh vs State of Rajasthan

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.290/2017 of Police Station Purani Abadi, Distt. Ganganagar for the offences punishable under Sections

8/21 and 22 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, 9000 tablets of alprazolam have been recovered from the petitioner.

It is argued that each alprazolam tablet contained 0.5 mg of diphpnoxylate narcotic substance and as such, all the 9000 alprazolam tablets contained

4.5 gms of diphpnoxylate narcotic substance. It is further argued that the small quantity of alprazolam narcotic substance is 5 gms, therefore, if the

prosecution case takes as it is, at the most, the petitioner is guilty of possessing narcotic substance of below small quantity. Learned counsel for the

petitioner has further submitted that the prosecution is considering the mixture of narcotic drug and seized material substance as a prepration in totallity

and not considering the actual drug content of the specified narcotic drug. It is further argued that the Hon'ble Supreme Court in Hira Singh and Ors.

Vs. Union of India (UOI) and Ors., reported in (2017) 8 SCC 162 has referred the following question to a three Judge Bench :-

(d) Does the Act envisage that the mixture of narcotic drug and seized material/substance should be considered as a preparation in totallity or on the

basis of the actual drug content of the specified narcotic drug?

It is, therefore, prayed that the petitioner may be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the bail application and argued that as the Hon'ble Supreme Court in Md. Sahabuddin and Ors. Vs.

State of Assam, reported in 2012 (10) SCALE 77 has held that the mixture of narcotic drug and seized material is liable to be considered in totallity

and the actual drug content of the specified narcotic drug cannot be considered separately.

It is also submitted by the learned Public Prosecutor that the judgment of the Hon'ble Supreme Court in Md. Sahabuddin's case (supra) is still holding

field and has not been reversed, therefore, the petitioner is not entitled to be released on bail.

Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the matter is sub-judice before the

Larger Bench of the Hon'ble Supreme Court, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the

accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner â€" Manjeet Singh S/o Sh. Ram Singh shall

be released on bail in connection with FIR No.290/2017 of Police Station Purani Abadi, Distt. Ganganagar provided he executes a personal bond in the

sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that

court on each and every date of hearing and whenever called upon to do so till the completion of the trial.