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2019 Supreme(P&H) 689

RAJBIR SEHRAWAT
Karamjit Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:Mr. Kuldeep Singh, Advocate for the petitioner.
Mr. Vikas Malik, D.A.G. Haryana.

JUDGMENT

Mr. Rajbir Sehrawat, J. (Oral):- Through this petition, the petitioner has sought bail pending trial in case FIR No.353 dated 17.08.2018 registered under Sections 21, 22, 61, 85 of NDPS Act of 1985 at Police Station Ambala Cantt.

2. Learned counsel for the petitioner contends that the petitioner is wrongly involved in the case. The petitioner has not committed any crime, as alleged against him. It is further contended that even as per the case of the prosecution, the recovery from the petitioner is of 190 prohibited injections of Omgesic (Buprenophine 2 ML), which contains prohibited substance i.e. Buprenorphine Hydroeleride. It is submitted that injection is a manufactured drug. As per the manufacturer description on the said injections itself, the actual quantity per ML of the injection is only 300 microqrames. Accordingly, the total quantity of prohibited substance in the entire recovery, allegedly made from the petitioner, comes only to 0.114 grams, which is much less than even the small quantity prescribed for the substance. Learned counsel for the petitioner has relied upon the judgment of this Court dated 21.08.2018 rendered in the case of Rajvir @ Raju v. State of P


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