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2019 Supreme(P&H) 580

AJAY TEWARI
Raja Babu – Appellant
Versus
State of U. T. – Respondent


Advocates Appeared:Mr. Barjinder Singh, Advocate for Mr. Rakesh Gupta, Advocate for the petitioner.
Mr. Gautam Dutt, APP, U.T., Chandigarh.

JUDGMENT

Mr. Ajay Tewari, J. (Oral):- This petition has been filed under Section 439 Cr.P.C. for grant of regular bail to the petitioner in case FIR No.259 dated 17.12.2017, registered under Section 22 of the NDPS Act, at Police Station Maloya, Chandigarh.

2. The allegations against the petitioner are that 15 injections of Buprenorphine of 2 ML each and 15 injections of Pheniramine Maleate of 10 ML each were recovered from him.

3. Custody certificate filed in Court is taken record. As per the custody certificate, the petitioner has undergone more than 1 year and 23 days custody. Further as per the counsel for the petitioner, out of 14 witnesses only 3 witnesses have been examined and the trial is not likely to be concluded in near future. Further no other case is pending against the petitioner. Learned APP has accepted these factual assertions.

4. As regards Pheniramine Maleate, it is stated that neither it is a psychotropic substance nor it is a narcotic drug. Thus the recovery made is only of Buprenorphine. Counsel for the petitioner has relied upon the judgment of this Court in the matter of Ashok Kumar @ Shoki vs. State of U.T. Chandigarh, passed in CRM-M No.16868 of 2018, deci



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