Crl. Misc. No. M- 9415 of 2008 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 9415 of 2008 (O&M) Date of Decision: August 12, 2010 Upkar Kansal ........Petitioner Versus State of Punjab and others ........Respondents ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Akshay Jain, Advocate for Mr. S.K. Jain, Advocate, for the petitioner. Ms. Rajni Gupta, Addl. A.G. Punjab. SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') for quashing the FIR No.351 dated 18.11.2005, under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Sunam, District- Sangrur. The contents of the FIR (Annexure P-4) read as under :- "........Copy of Ruqa, To Station House Officer, Police Station Sunam, Fateh. Today I, ASI along with HC Satish Kumar 256, HC Baljinder Singh 2330, Constable Sukhvinder Singh 2553 and SPO Ashok Kumar P-44 are present at Beerkalan, for the purpose of patrolling and Nakabandi and was checking the vehicles. In the meantime, Bhola Singh son of Ajmer Singh Jatt resident of Chajla came from the side of Village Dhapi then I ASI joined him in the policy party and when I was talking to Bhola Singh then at Crl. Misc. No. M- 9415 of 2008 (O&M) 2 that time one young person was seen coming on foot on the metalled road from the side of village Dhapi who had a blue bad on his right shoulder who after seeing the police party got panicked and tried to turn backwards then I ASI on getting suspicious stopped him by calling and caught hold of him with the help of accompanied officials. On being asked he revealed his name as Upkar Kansal @ Happy son of Bhim Sain Caste Mahajan resident of Tolawal Road, Cheema. I ASI asked that the bag color blue which you have put on your right shoulder seems to have some narcotic drugs and I want to search your bag. You have a legal right that if you want to get your bag searched from any Gazetted Officer or Magistrate then I can call them at the spot but Upkar Kansal @ Happy asked that I have confidence upon you. You can search my bag. Then on the asking of the Upkar Kansal I ASI reduced in writing separately the consent memo of Upkar Kansal @ Happy whereupon Upkar Kansal and witnesses put their respective signatures. Thereafter, I ASI got removed the bag which was lying on the right shoulder of Upkar Kansal and searched the same then out of the bag, 286 sealed packets of tablets Momolit, 187 sealed packets of tablets Finotil, each packet has been shown to contain 100X100 tablets each the total comes to 28600 tablets of Momolit and 18700 of Finotil and 184 strips of Lomotil tablets each containing 10 tablets totaling to 1540 and 880 strips of Finotil tablets each containing 10 tablets totaling 8800 tablets and 75 strips of Crl. Misc. No. M- 9415 of 2008 (O&M) 3 tablet Carisoma each containing 10 tablets totaling 750 tablets and 60 strips of Capsule Spasmocip. Out of 286 sealed packets of Momolit tablets 2 sealed packets of Momolit tablets each containing 100X100 tablets with lot No. MT-705 as two samples and out of 187 sealed packets of Finotil tablets 2 sealed packets of Finotil tablets each containing 100X100 tablets with lot No.PP.5-69 as two samples, two samples of Lomotil tablet strips out of 154 strips containing 10X10 tablets each having lot No.03L-5030, two samples of Finotil tablet strips out of 880 strips containing 10X10 tablets each having lot No.P5-22, two samples of Carisoma tablets strips out of 75 strips containing 10X10 tablets each having lot No.CAA-483, two samples of Spasmocip Capsules strips out of 60 strips containing 8X8 capsules each having batch No.K.L.-5253. Two samples each were drawn were prepared separately as samples and rest of the narcotic drugs i.e. 284 sealed packets of Lomotil tablets, 185 sealed packets of Finotil tablets, 132 strips of Lomotil tablets, 878 strips of Finotil tablets, 73 strips of Carisoma tablets and 58 strips of Spasmocip capsules were put in 6 different parcels and the above mentioned 12 samples of narcotic drugs and 6 parcels of narcotic drugs were stamped by me ASI with mark 'BS' and sample seal was also got prepared separately. Seal after use was handed over to HC Baljinder Singh 2330 and 12 samples of narcotic drugs and 6 parcels of narcotic drugs stamped with aforesaid seal including sample seal and bag Crl. Misc. No. M- 9415 of 2008 (O&M) 4 color blue were taken in to possession of the police vide separate memo. Memo was signed by the witnesses. Above mentioned Upkar Kansal could not produce any license or permit for keeping in such quantity the narcotic drugs in his possession. Therefore, above mentioned Upkar Kansal has committed an offence under Section 22-61-85 of NDPS Act by keeping such quantity of narcotic drugs in his possession without any permit therefore, present ruqa is being forwarded by hand through SPO Ashok Kumar TP-44 for registration of the case under the above mentioned section against accused Upkar Kansal. Case number be informed after its registration and special report be also issued. I along with other officials is busy in investigation. Sd/- Baljit Singh ASI Incharge Police Post Cheema dated 18.11.2005.” Heard. Learned State counsel has submitted that charge in this case was framed against the petitioner on 9.5.2006 and thereafter the case was adjourned for prosecution evidence. However, the present petition seeking quashing of the FIR has been filed in April 2008. The order whereby charge was framed against the petitioner has not been challenged. The valid licence at the relevant time has not been placed on record. In these circumstances, no ground for interference by this Court under Section 482 Cr.P.C. at this stage is made out. Dismissed. (SABINA) August 12, 2010 JUDGE Anand Crl. Misc. No. M- 9415 of 2008 (O&M) 5