1 wp622.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION. Criminal Writ Petition No. 622 of 2011 Pramod Ramchandra Patkar ....Petitioner v/s. State of Maharashtra ....Respondent Mr. Anil Lalla i/b Lalla & Lalla for the petitioner. Mr. A.S.Shitole-APP for the State. CORAM: B.R. GAVAI, J. 8th August, 2011 PC: Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By way of present petition, the petitioner is restraining his prayer for quashing the charges for the offence punishable under NDPS Act. The petitioner is a partner of M/s. Ideal Pharma company. The said firm is dealing in export and distribution of Pharmaceutical products. The petitioners are charged with dealing in a substance Ephedrin Hcl IP. 3. Shri Lalla the learned Counsel for the petitioner submits that the petitioners are only importers and distributors of a pharmaceutical products. He submits that product which is imported is not covered under any of the entries under the NDPS. He further submits that another partner of Ideal Pharma is charged only under the offences punishable under Drugs and Cosmetics Act and not under NDPS Act. 2 wp622.11.sxw 4. Shri Shitole, the learned APP submits that drug in question in the long run is capable of being used as a narcotic substance and, therefore, the prosecution has been rightly lodged also for the offences under the NDPS Act. However, the learned APP fairly submits that said product is controlled drug under the Drug and Cosmetics Act. 5. When with the same nature of allegations, the another partner of the petitioner is charged only for the offence under the Drugs and Cosmetics Act, the prosecution of the petitioner under NDPS Act in my view is not sustainable. In any case even according to the prosecution the said product is a controlled drug under the Drugs and Cosmetics Act. 6. In that view of the matter, rule is made absolute by quashing the proceedings against the petitioner only under NDPS Act. 7. Needless to state that proceedings under Drugs and Cosmetics Act shall proceed in accordance with law. (B.R. GAVAI, J)