JUDGEMENT
Ram Chand Gupta, J. -
(1.)THE present petition filed under Section 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No. 77, dated 21.6.2012, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, (for sort the 'Act') at Police Station Gidderbaha, District Sri Muktsar Sahib. I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Judge, Special Court, Sri Muktsar Sahib, vide which application filed on behalf of the present petitioner for bail was dismissed.
(2.)THIS is second application for bail filed on behalf of the petitioner -accused. His earlier bail application was dismissed by this Court vide a detailed order dated 21.11.2012 passed in Crl. M. No. M -36639 of 2012.
Brief allegations against petitioner -accused are that he kept in his possession six vials of Recodex and four vials of Parvo Cof besides 40 tablets of Carisol and as per report Chemical Examiner, the samples of Recodex and Parvo Cof on analysis found containing codeine phosphate. As per Notification bearing No. S.O. 2941(E) dated 18.11.2009, entire quantity is to be seen to determine as to whether recovered material is commercial or non -commercial. It has been mentioned by learned Judge, Special Court, Sri Muktsar Sahib, that total recovered quantity comes within the definition of commercial quantity.
(3.)IT has been contended by learned counsel for the petitioner -accused that it is a debatable point as to whether the recovery allegedly effected from petitioner -accused would fall under the Act or under the Drugs and Cosmetics Act and that the said matter is also pending before Division Bench of this Court.
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