IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-29093 of 2010 (O&M) Date of decision: 26.07.2011 Mandeep Kumar ..Petitioner Versus State of Punjab ..Respondent CORAM: HON'BLE MRS. JUSTICE SABINA. Present: Mr. S.S. Swaitch, Advocate for the petitioner. Mr. Vishal Munjal, Addl. AG, Punjab. **** SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 63 dated 23.3.2010 (Annexure P-1), under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'N.D.P.S.' for short) registered at Police Station Gobindgarh Mandi, District Fatehgarh Sahib and all subsequent proceedings arising therefrom. In view of the order dated 16.2.2011, Learned State counsel submits the report submitted by the review committed reads as under:- "As per Technical opinion report of the Drug Inspector, "Regarding recovered medicines contains salt Alprazolam of psychotropic substances mentioned in NDPS Act at S.No. 30 schedule and other drugs in notification s.o. 826 (E) and s.o. 527(E). The recovered medicines not covered under NDPS Act, as is a schedule H, drugs covered under Drugs & Cosmetic Act Crl. Misc. No. M-29093 of 2010 (O&M) -2- 1940. As per record firm M/s M.K. Medical Hall, Mandi Gobindgarh license No. 22723/NB and 22723/B, in the name of Jagjit Singh who is competent person incharge of the firm and petitioner Mandeep Kumar S/o Gurchran Lal is the proprietor of the firm. As per rule 66 of NDPS Act, a licensed firm under the previsions of Drugs and Cosmetic Act, can keep the Psychotropic substance in his sale premises for sale and distribution. But petitioner did not produce any licence or bill at the time of recovery of above said medicines. Hence he is liable to be prosecuted under the Drugs and Cosmetic Act 1940 Rules 1945." Thus, no offence under Section Narcotic Drugs and Psychotropic Substances Act, 1985 is made out against the petitioner though he was liable to be prosecuted under the Drugs and Cosmetics Act. Accordingly, the petition is allowed. The FIR No. 63 dated 23.3.2010 (Annexure P-1), under Section 22 of the NDPS Act, registered at Police Station Gobindgarh Mandi, District Fatehgarh Sahib and all subsequent proceedings, arising therefrom, are quashed. However, the State would be at liberty to proceed against the petitioner for an offence under the Drugs & Cosmetics Act. (SABINA) 26.07.2011 JUDGE Poonam (II)