Sandeep Kumar 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. 155 dated 12.09.2009 u/s 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (''Act'' for short) registered at Police Station City Moga (Annexure P-2) and all the consequential proceedings arising therefrom. Vide order dated 1.3.2011, 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, Distt. Moga. In this case Powder Chlorpheniramine Maleate was found positive. This Chlorpheniramine Maleate salt is not covered under NDPS Act and licensed Chemkist can keep this Medicine for Sale.

Accused Sandeep Kumar holding valid wholesale drugs sale license. However, Nasheela Powder recovered in huge quantity from the possession of accused, and at the time of recovery accused had not shown any valid drug sale license or bill of this Powder to the police, so he should be prosecuted under the Drugs and Cosmetics Act 1940.

Thus, in view of the opinion of the committee, no offence under the Act is made out. Accordingly, this petition is allowed. FIR No. No. 155 dated 12.09.2009 u/s 22 of the Act registered at Police Station City Moga (Annexure P-2) and all the consequential proceedings, arising therefrom, are quashed. The Drug Inspector would be at liberty to initiate proceedings against the petitioner under the relevant provisions of the Drugs and Cosmetics Act 1940.