2011 Supreme(P&H) 1598

2012(1) LAW HERALD (P&H) 814
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Jain
CRM-M-20589 of 2011
Gurinder Singh
v.
State of Punjab
{Decided on 29/08/2011}
For the Petitioner in

Headnote:Narcotic--Bail--Quantity--Notification dated 18.11.2009--Is applicable prospectively and the entire drug content, solution or mixture is to be seen and not only the pure drug content of the narcotic/psychotropic substance and if it is found to be more than commercial quantity, then the rigour of Section 37 of the Act would apply.

       (A) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss. 37-- Bail-- Quantity--Notification dated 18.11.2009 is applicable prospectively and the entire drug content, solution or mixture is to be seen and not only the pure drug content of the narcotic/psychotropic substance and if it is found to be more than commercial quantity, then the rigour of Section 37 of the Act would apply.

        On Facts:

       2500 tablets of Momotil and 20000, tablets of Phenotil were recovered and the average weight of those tablets was 66 mg/tab and 70 mg/tab respectively in which Diphenoxylate Hydrochloride was found to the extent of 2.4 mg/tab and 2.3 mg/tab respectively--Before the application of the notification dated 18.11.2009, the drug content per tablet was to be seen and if it was found to be less than 2.5 mg/tab, it would fall within the exempted limit in terms of entry no. 58 in the notification dated 14.11.1985, but after issuance of notification dated 18.11.2009, since the entire mixture or solution of drug content is to be considered which has been found to be 1400 grams and 1650 grams respectively, which is much more than the commercial quantity of 50 grams--Not a fit case for grant of bail--Petition dismissed.

       Recovery is of 7 Kgs. 980 grams white powder in which Dextroproproxyphene Hydrochloride was found to the extent of 3.945% neutral content of Paracetamol was found to the extent of 64.67%--Content of Dextroproproxyphene Hydrochloride comes to 315.60 grams in the 7 Kgs. 980 grams powder--As per entry no. 33 in Table, 20 grams of Dextroproproxyphene falls within the small quantity and 500 grams and above falls within the commercial quantity--In terms of the notification dated 8.11.2009, since the entire mixture solution of the drug content is to be considered which, in case, has been found to be 7 Kgs. 980 grams, which is much more than commercial quantity of 500 grams--Not a fit case for grant of bail--Petition dismissed.

       Recovery of 2 Kgs. white powder in which Dextroproproxyphene Hydrochloride was found to the extent of 3.383% and neutral content was of Paracetamol to the extent of 62.46%--Content of Dextroproproxypene Hydrochloride comes to 67.66 grams in the 2 Kg. powder--As per entry no. 33 in the Table, 20 grams of Dextroproproxyphene falls within the small quantity and 500 grams and above falls within the commercial quantity--However, in terms of notification dated 18.11.2009, since the entire mixture or solution of drug content is to be considered, has been found to be 2 Kg. which is much more than the commercial quantity of 500 grams.

       Recovery of 500 grams white coloured powder in which Alprazolam was found to the extent of 24.68% (123.40) grams in 500 grams powder--As per entry no. 178 in the Table, 5 grams of Alprazolam falls within the small quantity and 100 grams and above falls within the commercial quantity--However, in terms of the notification dated 18.11.2009, entire mixture or solution of the drug content is to be considered which, in this case, has been found to be 500 grams, which is much more than the commercial quantity of 100 grams--Not a fit case for grant of bail--Petition dismissed.

       Recovery of 20000 tablets of Phenotil (68 mg/tab, total 1360 grams) and 10000 tablets of Microlit (76 mg/tab, total 760 grams) in which Diphenoxylate Hydrochloride was found to the extent of 2.4 mg/tab and 2.3 mg/tab respectively which, in total, comes to 48 grams and 23 grams respectively--420 tablets of Alprakin (154 mg/tab, total 64.48 grams) containing Alprazolam to the extent of P&H(noc).48 mg/tab and 400 capsules of Parvon Spas. (total 254 grams) containing Diphenoxylate Hydrochloride to the extent of 64.8 mg/capsule were also recovered--As per entry no. 44 in the Table, 2 grams of Diphenoxylate falls within the small quantity and 50 grams and falls within the commercial quantity and as per entry no. 178, 5 grams and falls within the commercial quantity--However, in terms of the notification dated 18.11.2009, since the entire mixture or solution of the drug content is to be considered which, in this case, has been found to be 2439 grams which is much more than the commercial quantity--Not a fit case for grant of bail--Petition dismissed.

       Recovery of 5000 tablets of Momolit (total 325 grams) which contained Diphenoxylate to the extent of 2.39 mg/tab and 300 injections of Buprenorphine (total 0.172 grams) which contained Buprenorphine to the extent of P&H(noc).287 mg.ml--However, in terms of the notification dated 18.11.2009--entire mixture or solution of the drug content is to be considered--Not a fit case for grant of bail--Petition dismissed.

       Recovery of 88000 tablets of Phenotil (98 mg/tab, total 8624 grams) containing Diphenoxylate Hydrochloride to extent of 2.4 mg/tab, 3000 tablets of Nitramas--Containing Nitrazepam to the extent of 9.8 mg/tab, 1200 tablets of Anxinil (12 mg/tab, total 14.4 grams) containing Alprazolam 0.48 mg/tab and 720 capsules of Spasmo Proxyvon (645 mh/capsule, total 464.4 grams)--As per entry no. 44 in the table, 2 grams of Diphenoxylate falls within the small quantity and 50 grams and above falls within the commercial quantity and as per entry no. 178, 5 grams of Alprazolam falls within the small quantity and 100 grams and falls within the commercial quantity--However, in terms of the notification dated 18.11.2009--Entire mixture or solution of the drug content is to be considered which, in this case, has been found to be 11233 grams which is much more than the commercial quantity--Not a case for grant of bail--Petitions dismissed.

       Recovery of 500 grams of intoxicant containing Alprazolam to the extent of 0.27 % and 84 Oxytocin injections containing Oxyticin to the extent of 5.01 u./ml--As per entry no. 178 table, 5 grams of Alprazolam falls within the small quantity and 100 grams falls within the commercial quantity--However, in terms notification dated 18.11.2009, entire mixture or solution of the drug content is to be considered--Found to be 500 grams which much more than the commercial quantity--Not a fit grant of bail.

       Recovery is of 30000 tablets of Lomotil (62 mg/tab, total 1860 grams) in which Diphenoxylate Hydrochloride was found to the extent of 2.4 mg/tab--Since the recovery of entire drug contents falls within the commercial quantity, therefore, the rigour of Section 37 of the Act would apply--Not a fit case for grant of bail--Petition dismissed.