IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 1172 of 2011 (O&M) Date of Decision : 20.9.2011. Amarjit Singh & another ...... Petitioners Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Anant Kataria, Advocate, for the petitioners. Mr. J.S. Bhullar, AAG, Punjab. NAWAB SINGH J.(ORAL) This revision is directed against the order dated Mach 9th, 2011 passed by Judge, Special Court, Ropar whereby petitioners were ordered to be charged under Section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short “the NDPS Act”), Section 27 of the Drugs & Cosmetics Act, 1940 and were accordingly charge-sheeted. 2. On May 3rd, 2010 petitioners were apprehended by the Police with the drugs, ingredients of which were as under:- 1.Chlorpheniramine Maleate; 2.Codeine Phosphate; 3.Pentazocine Lactate; 4.Diazepam; 5.Phenylbutazone; 6.Alprazolam 3. Learned counsel for the petitioners has contended that petitioners are owners of a chemist shop in the name and style M/s Amar Medical Store, Bus Stand Lutheri, Tehsil and District Ropar. The seized drugs were taken into possession by the Police from his shop. 4. State counsel has stated that petitioners could not produce any bill or invoice at the time of seizing the drugs. Criminal Revision No. 1172 of 2011 (2) 5. It has been contended by the counsel for the petitioners that by no stretch of imagination, offence under Section 22 of the NDPS Act is made out against the petitioners. 6. Learned State counsel has stated that since the petitioners did not produce any document of sale or purchase or the licence at the time of recovery of drug so, they have committed offence punishable under the provisions of Drugs and Cosmetics Act, 1940 and not under the provisions of NDPS Act. 7. In view of above, this petition is accepted partly. The Order under challenge to the extent of framing charge under Section 22 of NDPS Act is set-aside. The trial may continue under the provisions of Section 27 of the Drugs & Cosmetics Act, 1940. 8. Disposed of. (NAWAB SINGH) JUDGE 20.9.2011. SN