Punjab-Haryana High Court
Kulwinder Singh vs State Of Punjab on 16 July, 2012
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-11842 of 2004 (O&M) -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-11842 of 2004 (O&M)
Date of Decision: 16.7.2012.
Kulwinder Singh ........Petitioner
Vs.
State of Punjab ......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Vineet Sharma, Advocate
for the petitioner.
Mr. Amandeep Singh Rai, DAG, Punjab.
.....
SABINA, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 59 dated 14.06.2003 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) registered at Police Station Goindwal Sahib, Tehsil Tarn Taran, District Amritsar and all the consequential proceedings arising therefrom.
Vide order dated 20.10.2008, the matter was referred to the committee constituted by the State Government to see whether the case of the petitioner was covered under the Act or not.
The committee vide its report has opined as under:-
"In this case, the committee is of the opinion that as per FSL Report Parcel No. 1,2,3 and 4 were found to contain Dextropropoxy-phene HCL, as per Govt. of India Notification No. 826-(E) dt. 14.11.1985, Listed at Sr. No. 87 if a unit dosage Dextropropoxy-phene not more than 135 mg not more than 2.5%, in undivided preparations, then it does not falls under NDPS Act. Parcel No. 1,2,3 Crl. Misc. No. M-11842 of 2004 (O&M) -2 - and 4 were also found to contain Paracetamol are neither psychotropic nor Narcotic Drugs.
As per FSL report parcel white Powder as in this case concentration of Dextropropoxy-phene was found to be 13.8% which is more than the limit 2.5%. Therefore it falls under Section 21 of NDPS Act."
In view of the opinion of the committee, no ground for interference is made out.
Dismissed.
(SABINA) JUDGE July 16, 2012 Gurpreet