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Judgment
According to the FIR, Tab-Subhitol-78, Tab-Subhimol-78, Cap-Dexvon-50 packed in the form of strips and 38 tablets and 10 capsules of Dexovon were recovered from the petitioner. According to the prosecution, the possession of these medicines constitute offences under Sections 22/61/85 of the NDPS Act.
Mr. Chaudhary has submitted that these medicines do not fall within Schedule 1 (Clause xxiii of Section 2) of the NDPS Act, 1985. Thus, these medicines cannot be stated to be in illegal possession of the petitioner. Learned counsel for the petitioner relies on a judgment of this Court in Deep Kumar v. State of Punjab, 1997(2) Recent Criminal Reports 417, and submit that the offence, if any, would be under the provisions of the Drugs Act or the rules framed thereunder and not under the NDPS Act.
In view of the above, I am satisfied that a case is made out for grant of bail to the petitioner. Bail to the satisfaction of CJM/Duty Magistrate, Amritsar.
Petition allowed