Crl. Misc. No. 256 of 2011 and (1) Crl. Misc. No. M-19139 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 256 of 2011 and Crl. Misc. No. M-19139 of 2010 DATE OF DECISION: 20.1.2011 Piyush Walia ..........Petitioner Versus State of Punjab ..........Respondent BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. B.S. Bhalla, Advocate for the petitioner. **** DAYA CHAUDHARY, J. The present petition has been under Section 482 Cr.P.C. has been filed by petitioner-Piyush Walia for quashing of FIR No. 260 dated 18.12.2009 registered under Sections 22/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station 'B' Division Amritsar and the subsequent proceedings arising therefrom. This case came up for hearing on 8.7.2010 and following order was passed by this Court:- “The present petition under Section 482 Cr.P.C. has been filed by petitioner-Piyush Walia for quashing of FIR No. 260 dated 18.12.2009 registered under Sections 22/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station 'B' Division Amritsar and the subsequent proceedings arising therefrom as the medicines recovered are Crl. Misc. No. 256 of 2011 and (2) Crl. Misc. No. M-19139 of 2010 common use medicines which are manufactured by companies of International repute. The case set up in the petition is that the petitioner was holding a valid licence to possess and sell the medicines as mentioned in the FIR and, therefore, he has been wrongly implicated. Learned counsel for the petitioner has drawn my attention to an order dated 22.3.2006 passed in Crl. Rev. No. 1834 of 2003, whereby, on directions of this Court, the State Government had constituted a Committee to go into all such matters and see in case any offence under the NDPS Act is made out in those cases where the recovery of drugs is involved and specially when these persons are having licence to run Chemist shop. The counsel then submits that a large number of cases of similar nature are pending in this Court and have been referred to this Committee and proceedings in these cases are being regulated on the basis of recommendation of the said committee. The counsel has accordingly prayed that the present case may also be referred to the said Committee and the outcome of the case be determined on the basis of its recommendation. Since all these issues can be gone into by the Committee constituted, as aforementioned, the request made by the counsel for the petitioner is genuine. Accordingly, the present petition is referred to the Committee so constituted, which shall go into the allegations contained in the FIR and see if any offence under the NDPS Act, is made out or not. The Committee is directed to decide the case within a period of six months. Crl. Misc. No. 256 of 2011 and (3) Crl. Misc. No. M-19139 of 2010 Meanwhile, proceedings on the basis of FIR in question are stayed. The hearing of the present petition is adjourned sine die. The report of the Committee be placed on record as soon as it is available for taking further action in the matter. The counsel for the petitioner undertakes to revive this petition after fifteen days from the date when the Committee decides the matter of the petitioner.” In compliance of the aforesaid order passed by this Court, the Committee has submitted the report, wherein, it has been mentioned that provisions of NDPS Act are not attracted to the present case. In view of the report given by the Committee and the fact that since the provisions of NDPS Act are not attracted to the present case, the present petition is allowed and FIR No. 260 dated 18.12.2009 registered under Sections 22/61/85 of the NDPS Act, 1985 at Police Station 'B' Division Amritsar and the subsequent proceedings arising therefrom are quashed. January 20, 2011 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No Crl. Misc. No. 256 of 2011 and (4) Crl. Misc. No. M-19139 of 2010