IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 848 of 2004. Date of Decision : 30.5.2011. Bal Kishan alias Diwan Chand ...... 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, assisted by Mr. Pardeep Kumar, Asst. Drug Controller, Govt. of Punjab, Chandigarh. 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. On January 6th, 2003 the petitioner was found in possession of the drugs, the ingredient whereof was Dextropropoxythene Hydrochloride, without a valid licence. 3. Learned State counsel assisted by Mr. Pardeep Kumar, Assistant Drug Controller, Government of Punjab, Chandigarh has stated that the only offence committed by the petitioner was that he was not having a valid licence to stock and sell drugs. He has also stated that in view of this, no offence under the provisions of NDPS Act is made out against the petitioner. 4. In view of the statement of learned State counsel, the petition is accepted and the order under challenge is set aside. The petitioner stands discharged. However, 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. 30.5.2011. (NAWAB SINGH) SN JUDGE