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Judgment
5 paragraphs · 230 wordsSabina, J.—Petitioner has filed this petition u/s 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 59 dated 14.06.2003 u/s 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (''Act'' for short) registered at Police Station Goindwal Sahib, Tehsil Tarn Taran, District Amritsar and all the consequential proceedings arising therefrom. Vide order dated 20.10.2008, 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:-
In this case, the committee is of the opinion that as per FSL Report Parcel No. 1,2,3 and 4 were found to contain Dextropropoxy-phene HCL, as per Govt. of India Notification No. 826-(E) dt. 14.11.1985, Listed at Sr. No. 87 if a unit dosage Dextropropoxy-phene not more than 135 mg not more than 2.5%, in undivided preparations, then it does not falls under NDPS Act. Parcel No. 1,2,3 and 4 were also found to contain Paracetamol are neither psychotropic nor Narcotic Drugs.
As per FSL report parcel white Powder as in this case concentration of Dextropropoxy-phene was found to be 13.8% which is more than the limit 2.5%. Therefore it falls u/s 21 of NDPS Act.
In view of the opinion of the committee, no ground for interference is made out. Dismissed.