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Judgment
6 paragraphs · 373 wordsSabina, J.—Petitioner has filed this petition u/s 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 98 dated 17.8.2010 u/s 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (''Act'' for short) registered at Police Station Maur District Bathinda and all the consequential proceedings arising there from. Vide order dated 21.1.2011, 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, ''The drugs Dextropropoxyphene and Codeine are recovered at Sr. No. 87 and 35 respectively of Notification No. 826-E, 14.11.85 and hence not covered under NDPS Act, 1985. Whereas drug Alprazolam is psychotropic drug being in the drugs formulation is schedule H drug of Drugs & Cosmetics Act, 1940 and as per rule 66(1) of NDPS Rules 1945 can stock for sale/distribution the drugs in question. The drugs Chlorpheniramine maleate, Dicyclomine HCL, Paracetamol are not covered under NDPS Act as these are schedule H drugs which are covered under Drugs & Cosmetics Act, 1940.
As per record the Firm M/s Naresh Medicos near bohar wala chowk, Mour Mandi, Distt. Bathinda is having D.L. Nos. 13197-OW & 12919-W granted on 08.5.2000 and which are renewed up to 31.12.2011. Petitioner is competent person of the firm.''
Salt do not covered under NDPS Act. Petitioner holding valid wholesale drugs sale Licence Chemist license. However Medicines recovered from the possession of and at the time of recovery accused have not shown any veiled drugs sale licence or bill of the medicines to the police so he should be prosecuted under the drugs and Cosmetics Act 1940 Rule 1945 Section 18-A.
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. 98 dated 17.8.2010 u/s 22 of the Act registered at Police Station Maur District Bathinda and all the consequential proceedings, arising there from, 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.