IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 825 of 2000. Date of Decision : 26.5.2011. Kuldip Singh alias Bhola ...... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Vikram Chaudhary, Advocate, for the petitioner. Mr. Ranvir S. Chauhan, Addl. AG, Punjab, for the respondent-State. NAWAB SINGH J.(ORAL) Challenge is to the order dated February 9th, 2000 passed by Special Judge, Amritsar, whereby, petitioner was ordered to be charged under Section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and was charge- sheeted accordingly. 2. Allegations, in brief, against the petitioner are that on August 29th, 1998 he was apprehended by the Police of Police Station Jhabal, District Tarn Taran while carrying 700 injections of Morphine. He was arrested. Sample out of the recovered injections was sent to the Forensic Science Laboratory, Punjab, Chandigarh. Vide its report dated September 29th, 1998 (Annexure P-1), it was found that injections contained Morphine sulphate at an average of 15 mg per milliliter. On the basis of FSL report, petitioner was charged under Section 22 of the NDPS Act. 3. Learned State counsel and Sh. Pardeep Kumar, Assistant Drug Controller, Government of Punjab, Chandigarh have stated that on the basis of FSL report, no offence is made out against the petitioner because strength of Morphine in each injection was not more than 0.2 per cent. On the similar facts, this Court in Sewak Criminal Revision No. 825 of 2000 (2) Singh vs. State of Punjab 1998(4) RCR(Criminal) 832 acquitted the accused who was charged under Section 22 of the NDPS Act for keeping in his possession 1000 injections containing Morphine but the strength of Morphine in each injection was not more than 0.2%. 4. In view of above, the petition is accepted. Order under challenge is set aside. The petitioner stands discharged. (NAWAB SINGH) JUDGE 26.5.2011. SN Whether refer to reporter: Yes/No