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2020 Supreme(P&H) 1675

RAJIV NARAIN RAINA
Raj Kumar @ Laddi – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
Mr.Munish Puri, Advocate, for the Appellant; Mr.Sandeep Vermani, Addl. A.G., Punjab , for the Respondent

JUDGMENT

Rajiv Narain Raina, J. (Oral). - The matter is taken up today through Video Conference/WhatsApp due to pandemic of COVID-19.

2. Notice of motion. On the asking of this Court, Mr.Sandeep Vermani, Addl.A.G., Punjab accepts notice on behalf of the State. Copy of the petition has already been supplied to the State in advance. Learned counsel for the State has sent custody certificate through Whats App/Email of the Court staff which is taken on record.

3. This petition has been filed under Section 439 Cr.P.C. for grant of bail pending trial in FIR No.213 dated 14.6.2019 under Section 22 of the NDPS Act, 1985 registered at P.S. Phillaur, District Jalandhar.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present FIR. The allegation against the petitioner is regarding carrying of 104 injections i.e. 52 Buprenorphine injections. Learned counsel submits that as per provisoto Rule 66 of the NDPS Act, an individual can possess 100 doses of Buprenorphine Hydrochloride. Moreover, Buprenorphine at Sr. 169 of the schedule of the NDPS Act is a debatable issue as to whether it is psychotropic substance or not. As regard to Avil having a s

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