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Punjab-Haryana High Court

Sajjan Kumar @ Sachin Puri vs State Of Punjab on 28 January, 2011

Author: Ritu Bahri

Bench: Ritu Bahri

CRM No. M-24614 of 2009
                                                                   -1-

        IN THE PUNJAB AND HARYANA HIGH COURT AT
                   CHANDIGARH


                           CRM No. M-24614 of 2009 (O&M)
                           Date of Decision : 28.01.2011


Sajjan Kumar @ Sachin Puri

                                                  .......... petitioner
                           Versus

State of Punjab

                                                  ...... Respondent

CORAM : HON'BLE Ms. JUSTICE RITU BAHRI


Present :   Mr. D.S. Pheruman, Advocate
            for the petitioner.

            Mr. Raghbir Chaudhary, Sr. DAG, Punjab.

                  ****

RITU BAHRI, J. (ORAL)

Learned counsel for the petitioner has referred to a decision of this Court in Criminal Revision No. 1834 of 2003, to contend that a Committee comprising of Chief Secretary, Punjab, Advocate General, Punjab and DGP, Punjab has been constituted, which is to review as to whether the accused allegedly dealing in manufacturing drugs and psychotropic substances could be tried under Narcotic Drugs and Psychotropic Substances Act or not.

Number of cases of Chemists have been examined and reviewed by this committee. A reference has been made to a decision of this Court in Crl. Misc. No. 19469-M of 1997 whereby after reviewing, the committee had concluded that no offence under CRM No. M-24614 of 2009 -2- NDPS Act is made out. After the report of this Committee, this Court accepted the report and the proceedings launched against the petitioner under the provisions of NDPS Act by way of registration of FIR was quashed.

The learned counsel for the State on instructions from SI Hardevpreet Singh has informed the Court that trial in the present FIR has reached at the stage of recording of evidence. He, however, does not dispute the fact that a Committee is being constituted to look into the violations of NDPS Act by the Chemists and Drug manufacturers.

This Criminal Miscellaneous is disposed of with a direction that this Criminal Miscellaneous be treated as a representation by the Committee headed by Chief Secretary, Punjab and pass appropriate orders within a period of four weeks from the date of receipt of certified copy of this order.` 28.01.2011 (RITU BAHRI) 'sp' JUDGE