Ram Chand Gupta, J.
Crl. M. No. 73517 of 2012
Application is allowed subject to all just exceptions.
Crl. M. No. M-38701 of 2012
1. The present petition filed u/s 439 Cr. P.C. is for grant of bail to the petitioner in case FIR No. 57, dated 26.5.2012, under Sections 22 and 21
of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Sadar Kotkapura, District Faridkot. I have heard
learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Additional
Sessions Judge, Faridkot, vide which application filed on behalf of the petitioner for bail was dismissed.
2. This is second application for bail filed on behalf of the petitioner-accused. His earlier bail application was got dismissed as withdrawn vide
order dated 10.10.2012 passed in Crl. M. No. M-25828 of 2012.
3. Brief allegations against petitioner-accused are that he was apprehended by the police near bridge Suaa while he was carrying a plastic bag in
his right hand and from search of such plastic bag, 1100 tablets on which microlit narcotic was mentioned, were recovered. On analysis it was
found that the same was containing Diphenoxylate hydrochloride and as per entry No. 58 of Notification No. S.O. 826(E) dated 14.11.1985, the
same comes within the definition of manufactured drug. Further as per Notification No. S.O. 1055(E) dated 19.10.2001 and subsequent
Notification No. S.O. 2941 (E) dated 18.11.2009, the recovered manufactured drug comes within the definition of commercial quantity.
4. After arguing for some time, learned counsel for the petitioner requests for withdrawal of this petition. Dismissed as withdrawn.