Crl. Revn. No. 762 of 2011 (O&M -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revn. No. 762 of 2011 (O&M) Date of decision:- 01.04.2011 Narinder Kumar Goyal ...Petitioner Versus Narcotics Control Bureau, Chandigarh ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Vishaldeep Goyal, Advocate for the petitioner. RITU BAHRI J.(Oral) Challenge in this petition is to the order dated 07.03.2011, passed by the learned Judge Special Court, Chandigarh by which the charge has been framed against the petitioner and he has to face trial in Crime No. 7 dated 10.06.2009 under Sections 8 and 22 of NDPS Act. Mr. Vishaldeep Goyal, Advocate, learned counsel for the petitioner has vehemently argued that the said drugs were recovered from the first floor of the house whereas he was tenant on the ground floor of the same house. He has nothing to do with the recovery of the alleged drugs recovered from the first floor. The offence, if any, can be tried under the Drugs and Cosmetics Act and not under the NDPS Act. The petitioner does not have any licence under the Drugs and Cosmetics Act to keep 3.100 kg of methamphetamine and 2 drums of methylamine solution (200 litres each) recovered from first floor of the said house. This plea is not available to the petitioner. Another F.I.R No. 1 dated 01.01.2010under Sections 21, 23, 25 and 29 of NDPS Act, 1985 and under Sections 25/27 of Arms Act was Crl. Revn. No. 762 of 2011 (O&M -2- registered at Police Station, Special Operation Cell, CI Zone, Jalandhar, in connection with the seizure of 14 kg of synthetic drugs on 04.05.2010 and notice under Section 67 of NDPS Act 1985 was served. The petitioner was arrested by the Counter Intelligence, Jalandhar. He was medically examined on 05.05.2010 in Govt. Multi Specialty Hospital, Sector 16, Chandigarh. Thereafter, he was handed over to Jail, Superintended Ludhiana. The samples drawn after taking formal permission from the Chief Forensic Scientist New Delhi have been sent to CFSL Hyderabad. In view of the above facts, I find no merit in the criminal revision and the same is hereby dismissed. April 01, 2011 ( RITU BAHRI ) G.Arora JUDGE