Punjab-Haryana High Court
Sham Lal And Another vs State Of Punjab on 7 September, 2012
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-39329 of 2011 (O&M) -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-39329 of 2011 (O&M)
Date of Decision: 07.9.2012.
Sham Lal and another ........Petitioners
Vs.
State of Punjab ......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. B.S.Bhalla, Advocate
for the petitioners.
Mr. P.S.Paul, DAG, Punjab.
.....
SABINA, J.
Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 16 dated 28.1.2010 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) registered at Police Station City South Moga, District Moga, the charges framed against the petitioner (Annexure P-3) and all the consequential proceedings arising therefrom.
Vide order dated 01.3.2012, 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:-
"The Review Committee have gone through the case file and concerned record of this case. The Drugs recovered vide recovery memo dtd. 28.01.2010. The Crl. Misc. No. M-39329 of 2011 (O&M) -2 - report no. 83/10/Chem/FSL/Pb. Dated 22-04-10 and 2nd F.S.L. Report no. 85/10/chem/FSL/Pb Dated 22- 04-10 reveals the Presence of Drug salt Diphenoxylate Hydrochoride, Dextropropoxyphene Hydrochloride, Dicylomine Hydrocholorde, Parracetamol, Atropine Sulphate, Carisoprodol, Codeine Phosphate, Chlorpheniramine Maleate, Propoxyphene Napsylate, Nitrazepum out of these Paracetamol, Atropine Sulphate, Carisoprodol, Chloropheniramine Maleate are not covered in NDPS Act, 1985. The details of other drugs are as follows:-
Diphenoxylate, Dextropropoxyphene, Codeine Phosphate recovered vide recovery memo is covered at Sr. No. 58.87.35 respectively of the Notification No. 826 (E) Dated 14-11-1985 and hence not covered under NDPS Act, 1985 being Drugs Formulations. The Drugs Nitrazepum fall under psychotropic substances according to NDPS Act, 1985 Dextropropoxyphene is a isomer of Propoxyphene Napsylate. So tables observed for Dextropropoxyphene calculation As per office record firm M/s Aneja Medicos, situated at Sardar nagar, near Sadhan Wali Basti, Moga bearing Drug license No. 15644-OW on form 20-B and 15456-W on form 21B granted on 17-4-2003 and valid upto 16-4-
2013. Sham Lal s/o Sachdanand was prop as well as Competent person of the firm.
But the Raj Kumar real brother of Sham Lal and working as helper with Sham Lal at his firm Aneja Crl. Misc. No. M-39329 of 2011 (O&M) -3 - Medicos Moga.
But in time of occurrence petitioner did not produce valid license and purchase bills for drugs recovered from him on the date of recovery. Hence Committee is in the opinion that Action can be taken against Sham Lal and Raj Kumar under the Drugs and Cosmetics Act, 1940 and Rules 1945.
Thus, in view of the opinion of the committee, no offence under the Act is made out. Accordingly, this petition is allowed. FIR No. 16 dated 28.1.2010 under Section 22 of the Act, registered at Police Station City South Moga, District Moga 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 provisions of the Drugs and Cosmetics Act 1940.
(SABINA) JUDGE September 07, 2012 Gurpreet