IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 592 of 2004 Date of Decision : 24.5.2011. Kulwant Singh ..... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. M.K. Dogra, Advocate, for the petitioner. Mr. Ranvir S. Chauhan, Addl. AG, Punjab, for the respondent-State. NAWAB SINGH J.(ORAL) Challenge is to the order dated January 14th, 2004 passed by Special Judge, Gurdaspur, whereby, petitioner was ordered to be charged under Section 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and was charge-sheeted accordingly. 2. The FIR was registered against the petitioner on the accusation that on January 6th, 2003 in the area of Aliwal road, Batala, he was found in possession of 13885 capsules of Parvon Spas, 7115 capsules of Dexovon, 500 tablets of Nitron 10, 870 capsules of HYP No. Tec., 30060 tablets of Lomotil, 1323 capsules of Spasmo Proxywon, 1152 capsules of Proxyvon, 18000 capsules of Spasmo Proxywon, 347 bottles of Phensedril and 160 bottles of caresene without any license or permit. 3. Learned State counsel has submitted a report of the Review Committee wherein it has been recommended that as per notification dated November 14th, 1985 issued by Government of India, 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. 4. In view of above statement of learned State Counsel, the petition is accepted and order under challenge is set aside. Consequently, the petitioner stands discharged. The prosecution is at liberty to prosecute the petitioner under the Drugs & Cosmetics Act, 1940, or any other law for the time being in force. (NAWAB SINGH) JUDGE 24.05.2011 SN