IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-36243 of 2009 Date of Decision:19.3.2010 Varun Kumar @ Jaggi .... Petitioner Versus State of Punjab .... Respondent CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. S.K. Jain, Advocate for the petitioner. Mr. K.S. Pannu, D.A.G. Punjab. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J. It is stated that as per the case of the prosecution on 20.11.2009, 100 injection of Oxytocin, 145 boxes of Momolit tablets containing 2,90,000 tablets, 25 bottles of Rexnol Syrup of 100 ML each and 115 bottles of Kamini Vidrawan Ras were recovered from the possession of the accused. Learned counsel for the petitioner has brought to the notice of this Court notification No.11/85 dated 14.11.1985 wherein it has been stated that as per entries No.35 and 58, the said drugs do not fall under the provisions of NDPS, Act. The bail application was dismissed by the Special Court on the ground that the drugs so recovered contain Diphenoxylate, which is 50 grams and is a commercial quantity. However, as per entry No.58 of the notification, the dosage unit should not be more than 2.5 mg. of Diphenoxylate in each tablet. In the present case, there was only 2.4 mg. of Diphenoxylate, hence, it would not fall within the ambit of NDPS, Act. The petitioner is in custody since 20.11.2009. Bail to the satisfaction of Special Judge, Mansa. 19.3.2010 ( NIRMALJIT KAUR ) rajeev JUDGE