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The matter was sent to the Committee by the State Government. The opinion of the Drug Inspector is as under :-

" As per the opinion of the Distt. Drugs Inspector Jalandhar, the post of the drugs inspector is notified under Section 21 of the Drugs & Cosmetic Act 1940 and not under the NDPS Act 1985. The drugs recovered vide recovery memo are covered at Sr. No. 58 & 87 of the Notification No. 826 E dated 1/11/85 as they contain salt Dextropropoxyphene & Diphenoxylate and hence not covered under the NDPS Act 1985 being drug formulations. Further the drugs paracetamol. Acetaminophen is an analgesic & antipyretic drug whereas the drug Diclomine is anti- spasmodic drug and both the drugs are schedule drugs and not covered under the NDPS Act 1985. As per the opinion of the Drugs Inspector Distt. Tarn Taran according to the Notification No. 11/85 dated 14.11.1985 S.O. 826 (E) the Diphenoxylated fall at Sr. No. 58 of the said notification where it is clearly mentioned that all the preparations containing per dosage unit not more than 2.5 mg of Diphenoxylatge calculated as base is exempt from NDPS.
Recommendations of the Committee is as follows:-
On perusal of the Chemical Analysis & Drugs Inspector's report it is revealed that the drugs recovered contain the salt of Dextropropoxyphene, Diphenoxylate, paracetamol & Diclomine. The opinion of the Drugs Inspector applies only if the drugs are recovered from the shop of the accused petitioner who must be the holder of a valid drug sale license but here the drugs (9000 tabs.) have not been recovered from his shop situated at Amritsar rather these drugs have been recovered from Tarn Taran city. Moreover, the petitioner is not a holder of a valid drugs sale license in his name. The drugs sale license No. 17707/OW & 17508/W issued on 19.07.05, valid till 18.07.2010, produced by the petitioner has been issued in favour of R.K.Medicine Centre, Bazar No. 3, Kot Mit Singh, Tarn Taran Road, Amritsar with qualified person Incharge Maninder Singh who is son of the petitioner and the license is not in the name of the petitioner. Here in this case the shop of the petitioner is on Tarn Taran Road in Amritsar city but it is worth mentioning that the drugs have been recovered at Tarn Taran. The petitioner has produced a bill regarding the procurement of the drugs in question issued by Harpreet Traders.

Thus, it is evident from the above facts that the drugs contain salt Dextropropoxyphene, Diphenoxylate, paracetamol and Diclomine. In the opinion of the Drug Inspector, these drugs are not covered under the NDPS Act, 1985. However, the opinion that the provisions of NDPS are attracted has been given on the ground that the said drugs were recovered from the petitioner in Tarn Taran City and he was not a valid drugs sale license holder and was neither possessed a valid written purchase order. Even as per the report of the Review Committee, the license has been issued in favour of R.K. Medicine Centre, Bazar No.3, Kot Mit Singh, Taran Tarn Road, Amritsar with qualified person incharge Maninder Singh, who is son of the petitioner and the license is not in the name of the petitioner.