Punjab-Haryana High Court
Vishal Kumar vs State Of Punjab on 16 July, 2012
Author: Sabina
Bench: Sabina
Crl. Misc. No. M-78972 of 2006 (O&M) -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Crl. Misc. No. M-78972 of 2006 (O&M)
Date of Decision: 16.7.2012.
Vishal Kumar ........Petitioner
Vs.
State of Punjab ......Respondent
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. R.K.Girdhar, 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. 212 dated 23.08.2005 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) registered at Police Station City Muktsar (Annexure P-1) and all the consequential proceedings arising therefrom.
Vide order dated 12.3.2007, 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 dated 23.8.2005. Crl. Misc. No. M-78972 of 2006 (O&M) -2 - The drugs Diphenoxylate Hydrochloride, Dextraphropoxyphen Hydrochloride and Codine 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 Formulation. The Drugs Diazepam Nitrazepam and Alprazolam are covered under Psychotropic drugs being in the drugs formulation in schedule-H drugs of Drugs and Cosmetics Act, 1940 and Rule 1945 and as per rule 66 (1) of NDPS Rules any person holding valid drug license under Drugs and Cosmetics Act, 1940 and rules 1945 can stock for sale/distribution the drugs in question.
Whereas drugs Atropine sulphate Oxytcin. Paracetamol, Dicylomine, HCL Carisoprodol, Diclofanac Sodium and Chlopheniramine. Maleate are Schedule-H drugs of Drugs and Cosmetics Act, 1940. As per record from M/s Apna Medical Hall, Mall Godam Road Shri Muktsar Sahib Distt. Shri Muktsar Sahib bears Drugs Licence No. 1502-NB and 1502-B Granted on 30.11.1992 and valid upto 31.12.2011 and has applied for further renewal. In these Drugs licences of this firm Sh. Vipan Kumar S/o Sh. Gopal Dass is sole prop. cum qualified person of the firm and is the real brother of Vishal Kumar who is working as helper of the firm in question and taking salary @ 1000/- per month.
But at the time of occurrence petitioner Vishal Kumar did not produce valid purchase bills for drugs recovered Crl. Misc. No. M-78972 of 2006 (O&M) -3 - from him on the date of recovery. Hence, Committee is of the opinion that Vishal Kumar may be prosecuted under the Drugs and Cosmetics Act, 1940 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. No. 212 dated 23.08.2005 under Section 22 of the Act registered at Police Station City Muktsar (Annexure P-1) 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