- (1.) I shall be disposing of 13 regular bail applications filed under Section 439 of the Code of Criminal Procedure, 1973for short ''Cr.P.C.''.. The details of all the 13 cases are as under:- 1 & 2. CRM-M-20589-2011 titled as 'Gurinder Singh v. the State of Punjab and CRM-M-20803-2011 titled as 'Kashmiri Lal v. State of Punjab' arising out of FIRNo. 236 dated 24.12.2010, registered under Sections 22/ 25/ 61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985for short ''NDPS Act''., Police Station Machhiwara, District Ludhiana. 3. CRM-M-20407-2011 titled as 'Parveen Kumar v. State of Punjab arising out of FIR No. 44 dated 17.05.2011, registered under Sections 22/ 25/ 61/85 of the NDPS Act, Police Station City Samana, District Patiala. 4. CRM-M-19588-2011 titled as 'Sanjiv Kumar v. State of Punjab arising out of FIR No. 45 dated 17.05.2011, registered under Sections 22/ 25/ 61/85 of the NDPS Act, Police Station City Samana, District Patiala. 5. CRM-M-19686-2011 titledas 'Rajinder Kumar v. State of Punjab arising out of FIR No. 47 dated 30.01.2011, registered under Sections 22/ 61/85 of the NDPS Act, Police Station City Sangrur, District Sangrur. 6. CRM-M-8122-2011 titledas 'Rajesh Kumar v. State of Punjab arising out of FIR No. 42 dated 05.10.2010, registered under Sections 22/ 61/85 of the NDPS Act, Police Station Lakho Ke Behram, District Ferozepur. 7. CRM-M-16670-2011 titledas 'Baljit Singh @ Sonu v. State of Punjab arising out of FIR No. 59 dated 11.03.2011, registered under Sections 21/ 22 of the NDPS Act, Police Station Bhargo Camp, District Jalandhar. 8 & 9. CRM-M-17672-2011 titled as 'Vipan Kumar v. State of Punjab and CRM-M-18406-2011 titled as 'Ramandeep Singh v. State of Punjab' arising out of FIR No. 8 dated 12.01.2011, registered under Sections 22/ 61/85 of the NDPS Act, Police Station Raikot, District Ludhiana. 10. CRM-M-19401-2011 titledas 'Jaswinder Singh v. State of Punjab' arising out of FIR No. 19 dated 03.03.2011, registered under Sections 22/ 61/85 of the NDPS Act, Police Station Sadar Malout, District Sri Muktsar Sahib. 11. CRM-M-12624-2011 titled as 'Mohan Singh v. State of Punjab' arising out of FIR No. 32 dated 21.02.2011, registered under Sections 22/ 61/85 of the NDPS Act, Police Station Division No. 7, Ludhiana, District Ludhiana. 12. CRM-M-7097-2011 titled as 'Bhushan Kumar alias Bhusha v. State of Punjab' arising out of FIR No. 159 dated 27.11.2010, registered under Sections 22/ 25/ 61/85 of the NDPS Act, Police Station Talwandi Sabo, District Bathinda. 13. CRM-M-12299-2011 titled as 'Rajinder Singh v. State of Punjab' arising out of FIR No. 21 dated 08.02.2011, registered under Sections 21/ 61/85 of the NDPS Act at Police Station Division No. 7 (Vardhman), Ludhiana.
(2.) The aforesaid cases are being decided together by this common order because in all the cases the arguments raised by the respective advocates are similar. The facts of each case in brief are being extracted hereasunder :- 1 & 2. CRM-M-20589-2011 & CRM-M-20803-2011.
(3.) The allegations contained in the FIR are that a Truck being driven by Gurinder Singh (petitioner in CRM-M-20589-2011) with Cleaner Kashmiri Lal (petitioner in CRM-M-20803-2011) was apprehended and 300 bottles of Re-codex (containing 100 MLs each), 250 packets of Momotil (containing 100 tablets each) total 25,000 tablets and 200 packets of Phenotil (containing 100 tablets each) total 20,000 tablets were recovered without any license or permit. The samples were sent for chemical analysis by way of following five parcels :- Parcel No. 1-100 tablets of white colour in packet labelled as Phenotil. Average weight 70/mg/Tab. Parcel No. 2-100 tablets of white colour in packet labelled as Momotil. Average weight 66/mg/Tab. Parcel Nos. 3,4 & 5. - Each parcel was containing one small sized plastic bottle labelled as RECODEX and containing 100 ml. of orange coloured liquid material. The report of the Chemical Examiner is as under:- Ingredients present Average Quantity of Ingredient in the parcel No. 1 2 3 4 5 Diphenoxylate hydrochloride 2.4mg/ tab 2.3mg/ tab - - - Atropine Sulphate 0.023 mg/tab 0.023mg /tab - - - ChlorpheniramineMaleate - - 3.9mg/ 5ml 3.8mg/5ml 3.7mg/ 5ml. Codeine phosphate - - 0.8mg/ 5ml 0.9mg/ 5ml 9/9mg/ 5ml;