Crl. Misc. No. M-29579 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No. M-29579 of 2009 Date of Decision : 14.10.2011 Ajay Kumar .......... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. Rakesh Thakur, Advocate for Mr. L.M. Gulati, Advocate for the petitioner. Mr. G.S. Brar, Asstt. A.G., Punjab. **** AUGUSTINE GEORGE MASIH, J. (ORAL) Prayer in the present petition is for quashing of FIR No. 44 dated 3.8.2009 (Annexure P-1) registered under Sections 22/61/85 of the NDPS Act at Police Station Khalra, District Tarn Taran and all consequential proceedings arising therefrom. It is the contention of the counsel for the petitioner that he is licence holder under the Drugs and Cosmetics Act, which was valid from 22.6.2006 to 21.6.2011 and he is the proprietor of M/s Cheenu Medical Store, Lahori Road, Khalra Mandi, Patti District Amritsar. It is his submission that he was storing these drugs according to the conditions of licence when the recovery of the medicines was made from him. He contends that since he was holding a valid licence on the day when the recovery was effected and FIR was registered i.e. on 3.8.2009, no offence under the NDPS Act, 1985, is made out against the petitioner and, therefore, the FIR deserves to be quashed. Crl. Misc. No. M-29579 of 2009 -2- A Review Committee has been constituted by this Court to examine the cases of drugs which are recovered from the persons. Accordingly, this matter was also referred to the Review Committee vide order dated 8.2.2011. Today counsel for the State has placed on record the report of the Review Committee, which he has received through communication dated 18.8.2011 addressed to the Advocate General, Punjab and the report attached thereto is taken on record and is marked as 'A'. The recommendations of the Review Committee reads as follows :- “As per Technical opinion report of the Drug Inspector, Distt. Tarn-Taran recovered drug contain salt Nitrazepam, fall at Sr. No.64 and Buprenorphine-HCL fall at Sr. No. 92 in the list of Psychotropic substance fall at NDPS Act 1985. As per record petitioner Ajay Kumar is a competent person of the firm “M/s Cheenu Medical Store” Lohori Road Khalra is a having wholesale valid Drug sale license. As per rule 66 of NDPS Act, a person having valid Drug license can keep this drug for sale. As per fact above provision of NDPS Act are not attracted to the present case.” In the light of the above recommendations, the present FIR cannot sustain as the provisions of the Narcotic Drugs and Phychotropic Substance Act, 1985 are not attracted in the present case. Accordingly, the present petition is allowed. FIR No. 44 dated 3.8.2009 (Annexure P-1) registered under Sections 22/61/85 of the NDPS Act at Police Station Khalra, District Tarn Taran is hereby quashed along with all consequential proceedings arising therefrom. 14.10.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE