IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-33784 of 2009 (O&M) Date of Decision : 16.8.2011. Gurdas Ram ...... Petitioner Versus State of Punjab ...... Respondent CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Amit Mehta, Advocate, for the petitioner. Mr. J.S. Bhullar, AAG, Punjab. NAWAB SINGH J.(ORAL) By filing this petition, under Section 482 of the Code of Criminal Procedure, petitioner seeks quashing of First Information Report No.142 dated June 27th, 2008 registered under Sections 21 and 22 of Narcotic Drugs & Psychotropic Substances, Act, 1985 in Police Station Banga, District Nawanshahar. On June 27th, 2008 at about 9.30 a.m., the petitioner was intercepted by Police of Police Station Banga. He was found in possession of 10,001 capsules of Peecon Spass-D. The recovered capsules were sent to the Forensic Science Laboratory, Punjab, Chandigarh for analysis. Vide its report dated October 20th, 2008 (Annexure P-6), following ingredients were found in the drug:- 1. Paracetamol 2. Dicyclomine Hydrochloride. Learned counsel for the petitioner has contended that the petitioner owns a chemist shop. Trial Judge sought the opinion of District Drug Inspector as to whether the drug recovered falls within the ambit of the Act or not. The District Drug Inspector, Nawanshahar vide his report (Annexure P-4) opined “The above mentioned drugs have not been mentioned in the list of NDPS Act drugs. Hence, the NDPS Act should not be applicable in this case.” It was also opined that the recovered drug comes under Schedule H of the Drugs and Cosmetics Act, 1940. In view of above, petition is accepted. FIR No.142 dated June 27th, 2008 registered under Sections 21 and 22 of Narcotic Drugs & Psychotropic Substances, Act, 1985 in Police Station Banga, District Nawanshahar and subsequent proceedings arising therefrom are hereby quashed. However, the prosecution is at liberty to prosecute the petitioner under the provisions of Drugs and Cosmetics Act, 1940 or any other law for the time being in force. (NAWAB SINGH) JUDGE 16.8.2011. SN