Sham Lal v. State Of Punjab

CRM-M-39827-2018 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-39827-2018 (O&M) Date of decision: 17.09.2018 Sham Lal ..... Petitioner

Versus

State of Punjab ..... Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Sunny K. Singla, Advocate for the petitioner. Mr. Harpreet Multani, AAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 439 Cr.P.C., petitionerSham Lal, has prayed for grant of regular bail in case FIR No. 151 dated 22.07.2018 registered under Section 22 of the Narcotic Drugs and Psychotropic Substance Act (for short- 'the Act'), at Police Station Bhawanigarh, District Sangrur.

According to the prosecution, 6750 intoxicant tablets Becalm-0.5 containing salt Alprazolam I.P 5 gm and 1400 tablets of Calvidol 100 SR containing salt Tramadol, total 8150 tablets were recovered from the conscious possession of the petitioner. Learned counsel inter alia contends that FSL report has not been received qua alleged recovery of tablets from the petitioner. Therefore, at this stage, it cannot be said that the recovered drugs contain RISHU KATARIA 2018.09.17 17:48 I attest to the accuracy and integrity of this document

CRM-M-39827-2018 (O&M) -2narcotic substance. He prays that petitioner may be granted bail till the receipt of FSL report.

Learned State counsel fairly admits that the FSL report has not yet been received.

Till the FSL report is received, it cannot be presumed that the aforesaid 6750 intoxicant tablets Becalm-0.5 containing salt Alprazolam I.P 5 gm and 1400 tablets of Calvidol 100 SR containing salt Tramadol, recovered from the conscious possession of the petitioner falls within the definition of "narcotic substance/contraband" under the Act. Therefore, without expressing any opinion on the merits of the case, petitionerSham Lal, is granted interim bail till the date of receipt of FSL report, subject to her furnishing adequate bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate, concerned. The instant petition stands disposed of, accordingly. September 17, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No RISHU KATARIA 2018.09.17 17:48 I attest to the accuracy and integrity of this document