Sukhwinder 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. 221 dated 17.09.2007 u/s 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (''Act'' for short) registered at Police Station Patti District Tarn Taran (Annexure P�1) and all the consequential proceedings arising therefrom. Vide order dated 22.1.2009, 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:-

In this case, the committee is of the opinion that as per FSL Report parcel 1 contain Codein Phosphate Parcel No. 3,4 and 5 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. Parcel No. 2 was found to Diphenoxylate HCL Listed at Sr. No. 58 above said notification. Codein Phosphate contains not more than 100 mg. Dextropropoxy-phene contains not more than 135 mg, Diphenoxylate contains not more than 2.5 mg does not fall under NDPS Act. Chlorpheniramine Maleate, Atropine sulphate are neither psychotropic nor Narcotic drugs. Thus these drugs do not fall under NDPS Act. However, the accused did not produced records of the drugs kept by him for sale at time of seizure. Accused contravenes 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. 221 dated 17.09.2007 u/s 22 of the Act registered at Police Station Patti District Tarn Taran (Annexure P-1) 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.