IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 765 of 2003. Date of Decision : 30.5.2011. Ramesh Kumar ...... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. S.P.S. Sidhu, Advocate, for the petitioner. Mr. Ranvir S. Chauhan, Addl. AG, Punjab, assisted by Mr. Pardeep Kumar, Asst. Drug Controller, Govt. of Punjab, Chandigarh. NAWAB SINGH J.(ORAL) Challenge is to the order dated January 18th, 2003 passed by Special Judge, Ferozepur, whereby, petitioner was ordered to be charged under Section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and was charge-sheeted accordingly. 2. The petitioner is a proprietor of a chemist shop in the name and style M/s Chandu Lal Mohan Lal Medical Hall, Ferozepur. On September 26th, 2002 a raid was conducted on his premises. He was found in possession of drugs containing following ingredients:- 1.Nitrazepam; 2.Diazepam; 3.Pentazocine; 4.Buprenorphine 3. Learned State counsel assisted by Mr. Pardeep Kumar, Assistant Drug Controller, Government of Punjab, Chandigarh has submitted that the only offence committed by the petitioner was that his licence to stock and sell drugs had already expired and nothing else. He has also stated that in view of this, no offence under the provisions of NDPS Act is made out against the petitioner. Criminal Revision No. 765 of 2003 (2) 4. In view of the statement of learned State counsel, the petition is accepted and the order under challenge is set aside. The petitioner stands discharged. However, the prosecution is at liberty to prosecute the petitioner under the Drugs & Cosmetics Act, 1940 or any other law for the time being in force. (NAWAB SINGH) JUDGE 30.5.2011. SN