Punjab-Haryana High Court
Rajiv Kumar vs State Of Punjab And Others on 12 July, 2012
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-30899 of 2009 (O&M) -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-30899 of 2009 (O&M)
Date of Decision: 13.7.2012.
Rajiv Kumar ........Petitioner
Vs.
State of Punjab and others ......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Akshay Jain, Advocate
for the petitioner.
Mr. K.D.S.Sandhu, Addl. A.G., Punjab.
.....
SABINA, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 81 dated 23.09.2009 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) registered at Police Station Maur, Distrct Bathinda and all the consequential proceedings arising therefrom.
Vide order dated 5.7.2010, the matter was referred to the committee constituted by the State Government to go into all such matters and see in case any offence under the Act was made out or not. The committee vide its report has opined as under:-
"The Review Committgee have gone through the case file and Concerned record of this case. The drugs Dextropropoxyphene Hcl, Diphenoxylate Hcl and Codeine Phospase is covered at No. 87, 58 and 35 of Crl. Misc. No. M-30899 of 2009 (O&M) -2 - notification No. 826 E dtd 14.11.85, hence not covered under NDPS Act, 1985 being in the form of drugs dosage formulation. The drug Chlorpheniramine maleate Dicyclomine Hcl, Paracetamol, Tramadol and Atropine Sulphate are schedul H drugs under Drug and Costatics Act, 1940. Where drugs Nitrazepam and Alprazonam are covered under psychotropic substances and any person holding valid drugs sale licenses can stock this grugs for sale distribution as per rule 66 of NDPS act, 1985 The firm M/s Gupta Medical Agencies near Civil Hospital Maur Mandi Distt. Bathinda is bearing drugs licenses No. 17549-OW 17350-W Granted on 19.5.2005 and valid upto 18.5.2010. In these licenses Rajiv Kumar @ Lovely S/o Prem Kumar is sole proprietor Cum Competent person of the firm and said firm applied for change of premises vide this office Rt No 781 Dtd 24.12.2009 and fresh licenses with new Dl No. 21697-OW and 21437-W due to change of premises were granted to the said firm on Dtd. 21.5.2010 and which are valid upto 20.5.15 In these whole sale licensed also Rajiv Kumar @ Lovely S/o Prem Kumar is the Propo. Cum Competent person of the firm.
But at the time of occurrence a petitioner Rajiv Kumar @ Lovely did not produce any licence or bill drugs recovered from him on the date of recovery. Hence committee is of the opinion that Rajiv Kumar @ Lovely S/o Prem Kumar may be prosecuted under Crl. Misc. No. M-30899 of 2009 (O&M) -3 - Section 18-A Drugs and Cosmetics Act, 1940 Rules 1946."
In view of the opinion of the committee this petition deserves to be allowed.
Accordingly, FIR No. No. 81 dated 23.09.2009 under Section 22 of the Act registered at Police Station Maur, Distrct Bathinda and all the consequential proceedings, arising therefrom, are quashed.
The State would be at liberty to initiate proceedings under the Drugs and Cosmetics Act 1940.
(SABINA) JUDGE July 13, 2012 Gurpreet