Tarsem Chand vs State of Punjab and Another

Sabina, J.—Petitioner has filed this petition u/s 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 20 dated 27.3.2012 u/s 22, 25 of Narcotic Drugs and Psychotropic Substances Act, 1985 (''Act'' for short) registered at Police Station Maur, District Bathinda (Annexure P-4) and all the consequential proceedings arising therefrom. Vide order dated 20.8.2013, report of the Committee, constituted by the State to go into the matter and find out whether offence under the Act was made out or not, was sought.

The Committee vide its report has opined as under:-

As per the technical opinion and office record of Drugs Bathinda, the petitioner have valid drug License in his name and he is working as proprietor and competent persons in whole sale Licence No. 13197-OW & 12919-W (bears red stamp) has been issued on 8.5.2000 and are valid upto 31.12.16. As per FSL report No. 276/2012/Toxi/FSL/Pb. dt. 25.6.2012. The drugs Codeine Phosphate, Diphenoxylate hydrochloride and Dextropropoxyphene Hydrochloride are covered at Sr. No. 35, 58, 87 respectively of notification No. 826(E) dated 14.11.1985. Hence as per notification and FSL test report Codeine Phosphate, Diphenoxylate hydrochloride and Dextropropoxyphene Hydrochloride are under limits notified.

As per the record/FIR Case file of case which reflects that recovery has been made from the Old Power House, Mour Kanal, Near G.T. Road Bathinda-Mansa Maur, District Bathinda but Tarsem Chand hold the drugs licence for the premises situated at the Bohar Wala Chowk, Mour Mandi Distt. Bathinda. Petitioner Tarsem Chand did not produce neither any kind of drugs licences for the place of recovery nor he produced any kind of transportation voucher and further as per the office record of Drugs Bathinda the firm Licences i.e. Form No. 20-B & 21-B are having Red Stamp, i.e. he is not allowed to stock, sell and distribute drugs containing Narcotic Drugs e.g. Dextropropoxy-phene, Diphenoxyllate, Codeine and Psychotropic Substances namely Nitrazepam, Pentazocine & Buprinorphine and their salts in the formulation Hence the accused may attract NDPS Act.

Hence the opinion of the committee is that petitioner Tarsem Chand s/o Sukhdev Ram R/o Ward No. 1, Bohar Wala Chowk, Mour Mandi now Old Poser House, Mour Kalan, near G.T. Road, Bathinda-Mansa Maur did not produce any valid drug sale license for the place of recovery or any transportation voucher. So this case may be prosecuted under NDPS Act, 1985.

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