IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-23312 of 2010 (O&M) Date of Decision : 18.7.2011. Ranjit Singh Arora ...... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. B.S. Bhalla, Advocate, for the petitioner. Mr. J.S. Bhullar, AAG, Punjab. NAWAB SINGH J.(ORAL) By this petition, under Section 482 of Code of Criminal Procedure, petitioner seeks quashing of First Information Report (for short 'FIR) No.197 dated November 14th, 2008 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”) in Police Station Ghal Khurd, District Ferozepur. 2. On November 14th, 2008 a raid was conducted on the premises of a chemist shop in the name and style M/s Sonu Medical Store, District Ferozepur. During raid, drug containing Diphenoxylate Atropine was recovered. 3. Learned State counsel has stated that no offence under the NDPS Act is made out against the petitioner. Reliance has also been placed on the report of Review Committee (Annexure P-8) wherein also, it has been recommended that no offence under 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 & Cosmetics Act, 1940. 4. In view of above statement of learned State Counsel, the petition is accepted, FIR No.197 dated November 14th, Criminal Misc. No. M-23312 of 2010 (O&M) (2) 2008 registered under Section 22 of NDPS Ac in Police Station Ghal Khurd, District Ferozepur and subsequent proceedings arising therefrom, are hereby quashed. However, the prosecution is at liberty to prosecute the petitioner under the Drugs and Cosmetics Act, 1940 or any other law for the time being in force. 5. Disposed of. (NAWAB SINGH) JUDGE 18.7.2011. SN