IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 20999 of 2011(O&M) Date of Decision: 04.10.2011 Rajiv Kumar and another ...Petitioners Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Arihant Jain, Advocate for the petitioners. Mr. K.S. Pannu, Deputy Advocate General, Punjab. …. RAJESH BINDAL, J. The petitioners herein are accused in FIR No. 69 dated 26.4.2011 registered under Sections 21, 22, 61, 85 of NDPS Act, 1985 at Police Station Tappa Mandi, District Barnala. Recovery from the petitioners is of 1,80,000 tablets of phenotil and 1 Kg powder. In chemical examination powder was found to be containing 10.1% of dextropropoxyphene, which is a scheduled drug under the NDPS Act, 1985. Learned counsel for the petitioners submitted that the petitioners in the present case are licensed chemists. As the recovery from them is of drugs, which were scheduled drugs under the Drugs and Cosmetics Act, 1940, there is no violation of provisions of NDPS Act, 1985. He further submitted that recovery from the petitioners is of 1 Kg of powder and there being two accused quantity if divided between them would be non-commercial. After hearing learned counsel for the petitioners, I do not find any merit in the present petition. Recovery is 1,80,000 tablets from the petitioners in addition to 1 Kg powder. It is not disputed that the petitioners are not manufacturer of drugs and they are the chemists. There is no justification available for possessing 1 kg of drug in powder form and 1,80,000 tablets with them containing scheduled drugs. Considering the aforesaid material, I do not find this to be a fit case for grant of bail to the petitioners, at this stage. Dismissed. (RAJESH BINDAL) JUDGE 04.10.2011 sharmila