IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No. M-4222 of 2008 Decided on:- 11.07.2011 Vinod Kumar ......Petitioner Versus State of Punjab .......Respondent Coram Hon'ble Mr. Justice M.M.S.Bedi Present: Mr. D.S.Virk, Advocate for the petitioner. Mr. Kirta Singh Sidhu, D.AG, Punjab. **** M.M.S.Bedi, J(Oral) Report of the committee has been received. Recommendations of the committee reads as follows:- “Technical opinion report of District Drug Inspector, Tarn Taran, as per Notification No. S.O, 826(E) dated 14.11.1985, Diphonoxy late fall at Sr. No. 58, and Dextropropoxyphone fall at Sr.No.87. That the drug formulation in question does not attract the NDPS Act. Accused Vinod Kumar is holding valid Drugs Sale Licence. However, medicine in huge quantity has been recovered from him, out side from the premises, and at the time of recovery he has not shown any bill of the medicine to the police. So, he should be prosecuted under the Drugs and Cosmetics Act, 1940.” In view of the said report of the committee, no offence under Section 22 of the NDPS Act is made out against the petitioner in view of the recoveries of the tablets/capsules having been effected from the petitioner. FIR and the criminal proceedings shall stand quashed. However, this order will not in any manner prejudice the proceedings, if any, commenced against the petitioner under the Drugs and Cosmetics Act. 11.07.2011 (M.M.S.Bedi) mamta Judge