Dr. Jagjit Singh vs State of Punjab

Sabina, J.—Petitioner has filed this petition u/s 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 142 dated 20.6.2007 u/s 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (''Act'' for short) and u/s 420 of the Indian Penal Code registered at Police Station City Rajpura, District Patiala and all the consequential proceedings arising therefrom. Vide order dated 16.7.2009, the matter was referred to the committee constituted by the State Government to see whether the case of the petitioner was covered under the Act or not.

The committee vide its report has opined as under:-

As per Technical opinion report of the Drug Inspector, Regarding recovered medicines, contains salts Alprazolam Sr. No. 30 PS, Dextropropoxyphene Sr. No. 33 of PS and Diazepam Sr. No. 43 of PS mentioned in NDPS Act, 1985 and rest medicine and salts covered under schedule H of drugs and cosmetics Act 1940 and for the Storage sale and purchase allopethic drugs. The person should have valid drug license, for the prescription of drugs the person should have registered practioner whose name is registered with the Punjab Medical Council, Indian Medical Council.

The petitioner have a practice license for Ayurvedic & Unani System of Medicine for the prescription of drugs to also practice in Punjab. But did not have any Allopethic licence. At the time of recovery, the recover medicine contains salts Alprazolam, Dextropropoxyphene and Diazepam Sr. No. 30, 33 and 43 of PS mentioned in NDPS Act, 1985. Hence, the accused deserve to be prosecuted under NDPS Act.

In view of the opinion of the committee, no ground for interference is made out. Dismissed.