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2018 Supreme(P&H) 2460

RAJ SHEKHAR ATTRI
Sarbjit Singh alis Sabbi – Appellant
Versus
State of Punjab – Respondent


Advocates:
For the Parties:Mr. Vaibhav Sharma, Advocate.
Mr. Karanbir Singh, AAG, Punjab.

JUDGMENT

Mr. Raj Shekhar Attri, J.(Oral):- “Making innumerable statues, men merely confuse what God achieved in ten.” Above quote of Humbert Wolfe is apposite to the present cotext where different provisions of the Narcotic Drugs & Psychotropic Substances Act, 1985 (in short ‘the Act’) as well as the Narcotic Drugs & Psychotropic Substances Rules, 1985 (in short ‘the Rules’) are inter se at variance.

2. The petitioner has preferred the instant petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.07 dated 13.01.2017, registered under Sections 22 of the Act at Police Station Garshankar, District Hoshiarpur.

3. It is a case of the prosecution that on 13.01.2017, the petitioner was found in possession of 25 ampouls containing avil and 25 intoxicating vials each containing 2ml of buprenorphine. Those were taken into possession and sealed in a separate parcels and sent to chemical examiner who opined that salt buprenorphine hydrochloride, which is a psychotropic substance, was contained therein. As per notification No.1055 (E) dated 19.10.2001 issued by Centre Government, at Sr. No.169 buprenorphine [having chemical name as 21 – cyclopropyl – 7alpha – [(S)- 1- hydr
















































































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