Punjab-Haryana High Court
Gurmit Singh vs State Of Punjab on 16 July, 2012
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-32079 of 2010 -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-32079 of 2010
Date of Decision: 16.7.2012.
Gurmit Singh ........Petitioner
Vs.
State of Punjab ......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. R.K.Girdhar, 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. 75 dated 10.05.2010 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) registered at Police Station City Malout (Annexure P-3) and all the consequential proceedings arising therefrom.
Vide order dated 24.8.2011, 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:-
"Review committee have gone through the case file, concerned record of this case. The Drugs Dextropropoxyphene HCL and Codeine phosphate Crl. Misc. No. M-32079 of 2010 -2 - recovered vide recovery memo is covered at Sr. No. 87 and 35 of the Notification No. 826 E Dated 14.11.85 and hence not covered under the NDPS Act, 1985 being drug Dosage formulation. Drugs Dicyclomine hydrochloride, Paracetamol, Cholorpheniramine Maleate are Schedule-H-drugs of Drugs and Cosmetics Act, 1940. As per office record firm M/s Manpreet Medicals Vill. Burj Sidhwan Teh. Malout Distt. Shri MKS Sahib bears Drug Licence No. 21751 NB and 21751-B granted on 27.02.2006 and valid upto 26.2.11 and has applied for the renewal of the same. In these licences Gurmeet Singh S/o Sh. Jagroop Singh is sole prop. Cum qualified person of the firm having pharmacy Reg. No. 15930. At the time of occurrence petitioner Gurmeet Singh did not produce valid purchase bills for drugs recovered from him on the date of recovery. Hence, committee is of the opinion that Gurmeet Singh may be prosecuted under Section 18A of Drugs and Cosmetics Act, 1940.
Thus, in view of the opinion of the committee, no offence under the Act is made out. Accordingly, this petition is allowed. FIR No. No. 75 dated 10.05.2010 under Section 21 of the Act registered at Police Station Malout (Annexure P-3) and all the consequential proceedings, arising therefrom, are quashed.
The Drug Inspector would be at liberty to initiate proceedings against the petitioner under the relevant Crl. Misc. No. M-32079 of 2010 -3 - provisions of the Drugs and Cosmetics Act 1940.
(SABINA) JUDGE July 16, 2012 Gurpreet