IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 593 of 2004 Date of Decision : 24.5.2011. Balwant 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 4600 capsules of Parvon Spas, 6500 capsules of notgun, 3024 capsules proxymol, 1728 capsules of spasmo proxymol, 4600 capsules of parvon spas, 6000 capsules of parvon forte, 6600 capsules of Hapital 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