IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25320 of 2011 Date of Decision 01.11.2011 Pankaj Rai --Petitioner Vs. State of Punjab --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Krishan Sehajpal,Advocate,for the petitioner Mr.A.S.Rai, DAG,Punjab RAKESH KUMAR JAIN,J: (Oral) This is a petition for bail pending trial in a case registered vide FIR No. 84 dated 16.6.2011 under Sections 22,61,85 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short, NDPS ) at Police Station Division No.2, Jalandhar. Allegation against the petitioner is that he was carrying some medicines which come within the definition of psychotropic substance. Bail application filed by the petitioner was dismissed on the ground that he is not having a license for keeping the said medicines. Whereas it is the case of the petitioner that his brother is running a chemist shop under the name and style of M/S Surjit Medical Hall. He has produced on record bills of the alleged medicines which are in the name of said M/S.Surjit Medical Hall which on verification by the State have been found to be genuine. He thus submits that there is no offence committed by him which falls within the definition of Sections 22,61 and 85 of the Act. CRM-M-25320 of 2011 -2- Keeping in view the facts and circumstances of the case and also the fact that the learned State Counsel has made a statement on instructions from ASI Parminder Singh that the alleged bills were genuine and an affidavit to this effect of Inspector Sukhwinder Singh No. 568/JR, Police Lines, office of the Senior Superintendent of Police, Jalandhar is filed, the present petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of learned trial Court. It is, however, made clear that nothing observed herein shall be construed to be an expression of opinion on the merits of the case. 01.11.2011 (RAKESH KUMAR JAIN) rr JUDGE