CRM No.M-23150 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-23150 of 2011(O & M) Date of decision : 2.8.2011 Jaswinder Singh ........Petitioner Vs. State of Punjab ......Respondent CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.Preetwinder Dhaliwal, Advocate, for the petitioner --- AJAI LAMBA, J (Oral) : This petition has been filed under Section 482 of the Criminal Procedure Code praying for quashing of FIR bearing No.136 dated 17.12.2010 under Sections 15/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Bhadaur, District Barnala, placed on record as Annexure P-1. Learned counsel appearing for the petitioner contends that certain tablets were recovered from the petitioner, which were sent for chemical examination to the Forensic Science Laboratory. The Laboratory report has been placed on record as Annexure P-2. The chemical found in the tablets would not invite a charge under Section 15/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Learned counsel also relies on decision of this Court rendered in 'CRR No.1844 of 2006' decided on 23.5.2011 in 'Kashmir Singh v. State of Punjab'. This Court has been informed that the investigation is still going on and final report under Section 173 of the Criminal Procedure Code has not CRM No.M-23150 of 2011 -2- been filed till date. Since the petitioner has made an attempt to set up a case that the material recovered from the petitioner would not invite charges under the Narcotic Drugs and Psychotropic Substances Act, 1985, it would be just and proper for the Investigating Officer to consider the stand of the petitioner in the light of the Forensic Science Laboratory report Annexure P-2 and only thereafter, take a decision as to whether the petitioner needs to be challaned and nominated as an accused or not. This petition is disposed of with directions to the Investigating Officer to consider the stand of the petitioner as given in the petition, at the first instance, and only thereafter, complete the final report under Section 173 of the Criminal Procedure Code. (AJAI LAMBA) JUDGE 2.8.2011 akm 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the digest?