IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-1191 of 2010 (O&M) Date of Decision : 15.9.2011. Vicky Bansal alais Parveen Bansal ...... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. B.S. Bhalla, Advocate, for the petitioner. Mr. Sudhir Nehra, Addl. AG, Punjab. NAWAB SINGH J.(ORAL) By filing this petition under Section 482 of the Code of Criminal Procedure, petitioner seeks quashing of First Information Report No. 118 dated July 19th, 2009 under Section 420 of Indian Penal Code and Section 15 of the Indian Medical Council Act, 1956 registered in Police Station Rampura, District Bathinda. 2. On July 19th, 2009 petitioner was apprehended by the Police with 120 bottles of Rexcof syrup. 3. Learned counsel for the petitioner has contended that petitioner is owner of a chemist shop in the name and style M/s New Public Medical Agency, Rampura Phul, District Bathinda. The seized syrup was taken into possession by the Police from his shop. 4. State has filed reply averring that petitioner could not produce any bill or invoice at the time of seizing the syrup. 5. It has been contended by the counsel for the petitioner that by no stretch of imagination, offence either under Section 420 IPC or Section 15 of the Indian Medical Council Act is made out against the petitioner. 6. Learned State counsel has stated that since the petitioner did not produce any document of sale or purchase or the licence at the time of recovery of drug so, he has committed offence punishable under the provisions of Drugs and Cosmetics Act, 1940 Criminal Misc. No. M-1191 of 2010 (2) and not under the provisions of either Section 420 IPC or the Indian Medical Council Act. 7. In view of above, FIR No. 118 dated July 19th, 2009 under Sections 420 IPC and Section 15 of the Indian Medical Council Act, 1956 registered in Police Station Rampura, District Bathinda and subsequent proceedings arising therefrom are hereby quashed. However, the prosecution is at liberty to prosecute the petitioner under the Drugs and Cosmetics Act, 1940 or any other law for the time being in force. (NAWAB SINGH) JUDGE 15.9.2011. SN