1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.18053-M of 2008. Date of Decision: 20.11.2008. *** Paramjit Singh. .. Petitioner Vs. State of Punjab .. Respondent. CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. H.S. Batth, Advocate for the petitioner. Mr. B.S. Sra, DAG Punjab. *** ARVIND KUMAR, J. Through the instant petition, the petitioner has sought quashing of FIR No. 161 dated 12.7.2007, under Sections 22 of Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Patti, District Tarn Taran and consequent proceedings taken therein. Learned counsel for the petitioner at the very outset has contended that the petitioner is mainly aggrieved with the order dated 7.1.2008 vide which the petitioner and others have been charge-sheeted under Sections 22 of the Act ibid. It has been contended that much has been argued before the trial court, inter alia, as to its jurisdiction of the police to register the case against the petitioner, which only can be said to be fallen under the provisions of Drugs and Cosmetic Act, for which the Drug Inspector is the authorized person to launch prosecution against the petitioner, who even otherwise is a licensed chemist and had purchased the impugned medicines from registered Distributors having licence for selling the same, but none of these contentions were taken into consideration while passing the order charge-sheeting the petitioner and a reference has been made to the photostat copy of the order dated 7.1.2008 ordering for framing of charges against the petitioner and others. A bare perusal thereof shows that there is no discussion with regard to what has been argued on behalf of 2 the present petitioner at the stage of arguments on the point of framing of charge. Thus, the order is a non-speaking one and cannot be sustained. Accordingly, the impugned order/ charge-sheet dated 7.1.2008 to the extent of petitioner is set aside and the matter is remitted back to the trial court with a direction that it shall pass orders on charge afresh, after hearing the parties, on merits and without being influenced from any observation made hereinabove. The parties through their counsel are directed to appear before the trial court on 20.12.2008. Petition stands disposed of accordingly. (ARVIND KUMAR) JUDGE November 20,2008 Jiten