Criminal Misc. No. M- 20629 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 20629 of 2009 Date of decision:-01.4.2011 Karanbir Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Puneet Singla, Advocate for the petitioner. Mr. Munish Kumar, AAG Punjab for the respondent-State. RITU BAHRI J.(Oral) The present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No. 84 dated 16.6.2007 under Sections 22/61/85 of N.D.P.S. Act, registered at Police Station Bhikhiwind, District Tarn Taran (Annexure P-1). As per contents of FIR, on 16.6.2007 at about 3.40 PM, petitioner was stopped by SI Sanjeev Kumar, when he was present at Pohwind for patrolling alongwith other police officials and on suspicion that he was having some intoxicant substance, a memo was served to the petitioner and after calling DSP Bhagwant, search was conducted and one polythene was found from pocket of his Pent containing 400 tablets and 20 tablets without any label. After taking into custody, the present case was registered. Mr. Puneet Singla, Advocate counsel for the petitioner argued that the petitioner is a licensed Chemist and running a chemist shop under the name Criminal Misc. No. M- 20629 of 2009 -2- and style of Gill Medical Store near Gurdwara Patti Road, Bhikhiwind and is having a valid licence. On 20.4.2007 the petitioner applied for renewal of the license. As per the prosecution, during nakabandi 400 tablets and and 20 tablets were recovered from the pent of the petitioner and sample of the same was sent to Forensic Science Laboratory Punjab, Chandigarh for Chemical Analysis as below :- 1 Report No. 500/07/Toxi./FSL/Pb. Dt. 10.8.07 2 Reference No. 1160-5E dt. 11.7.07 from SSP Tarn Taran. 3 Subject : FIR No.84 dt. 16.6.07 U/s 22/61/85 ND&PS Act. P.S. Bhiki Wind 4 Date of receipt 12/07/07 5 Mode of Receipt Through Const. Balbir Singh No.676 6 Articles received One parcel sealed with two seals one each of S.K. H.S. alleged to contain intoxicating material. Seals on the parcel were found intact and tallied with specimen seal impressions. On opening the parcel was found to contain the twenty loose tablets of orange colour. Average weight=470 mg per tablet. 7 Purpose of reference Analysis and Report. 8 Identification and tests : Ingredient Present Average quantity in mg/tablet the parcel Dextropropoxyphene hydrochloride 64.8 As per report, the drug did not fall in the ambit of N.D.P.S. Act. The petitioner is having a valid license and in view of the report seeks quashing of FIR. Vide order dated 18.8.2010 this Court had given a direction that the Committed set up by the State Government should examine the case of the petitioner whether any offence under the NDPS Act is made out or not. The matter was examined by the said Committee, which was set up vide order dated 23.3.2006 passed in Criminal Appeal No.1834 of 2003 and as per the report submitted by the Advocate General, Punjab on 19.11.2010, the Committee has given the following recommendations :- Criminal Misc. No. M- 20629 of 2009 -3- ` Recovery Chemical Analysis Technical opinion of Drug Inspector Stage of Case Brief Facts Recommendation of Committee t. Loose Tablets 400 Dextropropox -yphene HCL On going the drug recovered vide recovery memo & FSL report contain Drug Dextropropoxyphene HCL 64.8 mg per Tab. As per Notification No.S.O 826 (E) dt. 14.11.1985 falls at Sr. No.87 Contain Drug Dextropropoxyphene HCL more than 135 mg per unit doses then it is covered under NDPS Act. As per FSL Report recovered contain drug Dextropropoxyphene HCL Tab.64.8 mg does not fall under NDPS Act. M/s Gill Medical Store Near Gurudwara Patti Road Bhikhiwind Ttn is Holding Retail valid drug sale licenses Karambir Singh s/o Satwinder Singh and Yadwinder Singh s/o Jagir Singh are two partner of the firm. As per police FIR and recovery memo recovered drug was unlabeled and the person from who recovery did not produce any valid license of recovered drug. Than NDPS Act can be attracted but if the recovered drug is labeled Allopathic drug and the person provide drug licenses then it is contravention of Drug and Cosmetic Act 1940. Now this case does not fall under NDPS Act 1985. To Court on dated 12.12.07. The drug in question was recovered by SI Sanjev Kumar SHO P.S. Bhikhiwind in presence of Sh. Harwinder Singh PPS, DSP Sub-Div. Bhikhiwind during patrolling and in search bad elements at Pahuwind. The accused was going to Khalara Bhikhiwind. From Pohuwind side in the search of accused recocered 400 Tab. Without labeled on dated 16.6.2007. As per Technical opinion report of Drug Inspector Tarn-Taran accused Karnbir Singh was holding valid Retail Drug Sale License Salt Dextropropoxyphene HCL Tab. 64.8 mg is not falls under NDPS Act. Hence, the provision of NDPS Act. 1985. Note:-As per writ petition name of petitioner is Karanbir Singh but record of Drug Inspector TTn, Drug Sale licenses petitioner name is Karambir Singh for your kind information please. Sd/ Sd/ Sd/ Zonal Supdt. of Police, Crime Zonal Supdt. of Police, Crime Dy. Inspector General of Police Amritsar Zone Amritsar Patiala Zone, Patiala. Crime Punjab, Chandigarh Criminal Misc. No. M- 20629 of 2009 -4- As per this report, the provisions of NDPS Act 85 are not attracted in the present case. In view of this report, FIR No. 84 dated 16.6.2007 under Sections 22/61/85 of N.D.P.S. Act, registered at Police Station Bhikhiwind, District Tarn Taran, is quashed with all consequential proceedings arising therefrom qua petitioner. The petition stands disposed of. April 01, 2011 ( RITU BAHRI ) Vijay Asija JUDGE