JUDGMENT

Raj Mohan Singh, J. (Oral) - Petitioner seeks grant of regular bail under Section 439 Cr.P.C in case bearing FIR No.262 dated 06.08.2019, registered under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Sector 39, Chandigarh.

2. As per allegations in the FIR, petitioner was found in possession of 14 injections of Buprenorphine (2 ML each) and 10 injections of Pheniramine Maleate (10 ML each). Pheniramine Maleate is not covered under the Schedule of the NDPS Act. Controversy with regard to Buprenorphine at serial No. 169 of the Notification/Schedule of the NDPS Act would be debatable as to whether it is a psychotropic substance or not.

3. Learned counsel for the petitioner relied upon Ajaib Singh vs. State of Punjab, 2012 (2) RCR (Criminal) 330, to contend that Buprenorphine is not mentioned in Schedule 1 of NDPS Rules, therefore, provision in terms of Section 8 of the Act would have no application.

4. Similar view was taken in Kismat Singh vs. State of Punjab, 2012 (2) RCR (Criminal) 329 whereas a contrary view has come in Dilip Kumar Virvani and others vs. State of Chattishgarh, 2014 (35) RCR (Criminal) 329, it would be debatable as to