Punjab-Haryana High Court
Jagjit Singh vs State Of Punjab on 16 July, 2012
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-5632 of 2010 (O&M) -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-5632 of 2010 (O&M)
Date of Decision: 16.7.2012.
Jagjit Singh ........Petitioner
Vs.
State of Punjab ......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. B.S.Bhalla, 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. 919 dated 19.12.2009 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) registered at Police Station Kotwali Bathinda, District Bathinda and all the consequential proceedings arising therefrom.
Vide order dated 25.2.2010, 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 and concerned record of this case. The Drugs Codeine Phosphate and chlorpheniram-ine Maleate in which the Crl. Misc. No. M-5632 of 2010 (O&M) -2 - Drug Codeine Phosphate is covered at No. 35 of Notification No. 826 E Dtd. 14.11.1985 & hence not covered under NDPS Act, 1985 being in the form of Drugs dosage formulation whereas Drugs Chlorpheniramine, Maleate is a schedule H Drug under Drugs and Cosmetics Act, 1940. The Drug Dextropropoxyphene Hcl is covered at No. 87 of Notification No. 826 E Dt. 14.11.1985 & hence not covered under NDPS Act, 1985 being in the form of Drugs dosage formulation. Whereas Drugs Dicyclomine Hcl and Paracetamol are schedule H Drugs under Drugs and Cosmetics Act, 1940. As per record M/s Arsh Medical Agencies Ajit Road opp. St. No. 25/A Bathinda, Distt. Bathinda bearing Drugs license No. 18108-OW & 17906-W granted on 27.1.2006 which are valid upto 26.1.2011 & the firm has further applied for its renewal vide challan No. 503566 dtd. 25.2.2011. In these licenses Sh. Jagjeet Singh S/o Sh. Jaskaran Singh is the sole prop. Of the firm and Sh. Pilot Kumar S/o Sh. Gheeta Ram is the competent person of the firm. At the time of occurrence petitioner Jagjit Singh s/o Jaskaran Singh R/o Ghudda Distt. Bathinda did not produce valid drugs licences and purchase bills for drugs recovered from him on date of recovery. Hence Committee is of the opinion that Jagjeet Singh may be prosecuted under Section Drugs and Cosmetics Act, 1940 and Rules 1945.
Thus, in view of the opinion of the committee, no Crl. Misc. No. M-5632 of 2010 (O&M) -3 - offence under the Act is made out. Accordingly, this petition is allowed. FIR No. No. 919 dated 19.12.2009 under Section 22 of the Act registered at Police Station Kotwali Bathinda, District Bathinda 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 July 16, 2012 Gurpreet