IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32061 of 2010 Date of Decision: 20.01.2011 Rajinder Singh @ Jinda .... Petitioner Versus State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. H.S. Gharuan, Advocate for the petitioner Ms. Bhavna Gupta, DAG Punjab 1. Whether Reporters of local papers 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? ALOK SINGH, J. (ORAL) This is an application under Section 439 Cr.P.C. seeking regular bail in a case FIR No. 122 dated 10.7.2010 under Section 22 of NDPS Act registered at Police Station Phillaur, District Jalandhar. Learned counsel for the petitioner has vehemently argued that on 9.3.2010 petitioner has filed complaint before the Commissioner of Police, Jalandhar vide diary No. 80/peshi dated 9.3.2010 against ASI Subhash Bath stating therein that Subhash Bath is taking stand of other party in property dispute and he is threatening to implicate the petitioner in false cases. Present FIR was lodged by one ASI Rashpal Singh stated that on 10.7.2010, he was on the naka duty and has recovered about 100 bottles of Rexcof syrup from the possession of the petitioner. The further story of the prosecution is that as per FSL report 9.9 mg/ml. of Codeine Phosphate was detected in the sample and as per notification dated 19.10.2001 recovery of salt Codeine Phosphate Crl. Misc. No. M-32061 of 2010 2 beyond 1 Kg amounts to recovery of commercial quantity of contraband. Since salt Codeine Phosphate was found in syrup Rexcof, hence, petitioner has committed an offence under Section 22 of NDPS Act. On being asked, Ms. Bhavna Gupta, DAG Punjab on the instructions of HC Vijay Kumar has stated that syrup Rexcof is used as cough syrup and easily available in the market. Learned counsel for the petitioner has argued that petitioner has been falsely implicated in the present case and Rexcof syrup bottles were transplanted by the police because of enmity. Without expressing any opinion on the merits of the case, present petition is allowed. Let petitioner be released on bail to the satisfaction of learned trial Court. (ALOK SINGH) 20.01.2011 JUDGE reena