Crl.M.No.20769-M of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.20769-M of 2010 Date of Order: 6.10.2010 Raj Kumar .....Petitioner Vs. State of Punjab .....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Manish Bansal, Advocate for the petitioner. Mr. Gaurav Garg Dhuriwala, AAG, Punjab. JASWANT SINGH, J (ORAL) In the instant petition filed under Section 439 Cr.P.C, petitioner has prayed for grant of regular bail in case FIR No.25 dated 5.3.2010 under Sections 22/61/85 of the NDPS Act, P.S Sadar, Bathinda. As per allegations, petitioner was apprehended and found in his possession three packets of ALDIX-0.5 medicine, each containing 500 tablets and one packet of REST-0.5 medicine containing 500 tablets, 100 small packets of MICROLIT tablets each packet containing 100 tablets and 3 filled vials along with one empty vial of REXOREX Syrup. Learned counsel for the petitioner submits that all the medicines seized from the possession of the petitioner are enumerated in Schedule-H of the Drugs and Cosmetics Act, 1940 (for short “the Act”) and therefore, no case is made out under the NDPS Act. It is further submitted that even the components and the constituents of the medicines, which are also specified under the NDPS Act have been found to be within Crl.M.No.20769-M of 2010 #2# permissible limit. It is stated that the petitioner is in custody since 5.3.2010 and that the alleged recovery is of non-commercial quantity. Learned state counsel, on instructions from ASI Balraj Singh, states that the charges have been framed in this case and the prosecution evidence is yet to commence. He further states that the petitioner is not involved in any other FIR. Without expressing any opinion on the merit of the case and taking into account the fact that the recovery amounts to non-commercial quantity, I find that no useful purpose would be served to keep the petitioner in custody any longer. Accordingly, petition is allowed and it is ordered that the petitioner shall be released on bail to the satisfaction of the learned Chief Judicial Magistrate, Bathinda. October 06, 2010 ( JASWANT SINGH ) manoj JUDGE