IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-16574 of 2011 Date of Decision: 13.12.2011. Kulbhushan Verma .....Petitioner Versus State of Punjab ......Respondent CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH Present: Mr. B.S. Bhalla, Advocate, for the petitioner. Mr. Palwinder Singh Sr. DAG, Punjab. NAWAB SINGH J.(ORAL) This petition has been filed under Section 482 of Code of Criminal Procedure seeking quashing of First Information Report (for short 'FIR) No.164 dated September 13th, 2010 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”), Police Station Dharamkot, District Moga. 2. The FIR was registered against the petitioner on the accusation that he was found in possession of drugs viz. Diphenoxylate, Dextropropoxyphene, Alprazolam, Momolit, Lomotil, Carisoma, Parvon Spas and Spasmo Proxyvon without a valid licence. 3. Learned State counsel has placed on record affidavit of Karun Sachdev, District Drugs Inspector, Moga in which it has been stated that no offence under Section 22 of the NDPS Act is made out against the petitioner but since the petitioner did not produce documents of sale, purchase and the licence at the time of recovery of drugs so, he has committed offence punishable under the provisions of the Drugs and Cosmetics Act, 1940. Criminal Misc. No. M-16574 of 2011 (2) 4. In view of above, the petition is accepted, FIR No.164 dated September 13th, 2010 registered under Section 22 of the NDPS Act, Police Station Dharamkot, District Moga 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. 5. Disposed of. 13.12.2011. (NAWAB SINGH) SN JUDGE