Sabina, J. - (1.)THIS petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 68 dated 26.6.2011 (Annexure P -3) under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act for short) registered at Police Station Division No. 1 Ludhiana and all the subsequent proceedings arising therefrom. Learned counsel for the petitioner has submitted that in the petition filed by the petitioner seeking anticipatory bail, learned State counsel had submitted that original bills of the drugs were recovered from the premises of the petitioner and petitioner had not committed any offence under the Act. Consequently, anticipatory bail was granted to the petitioner. Learned counsel for the petitioner has further submitted that the petitioner was neither owner nor partner of the chemist shop in question, which was being run in the name of his wife. Co -accused of the petitioner had purchased the medicines in question from the shop run by the wife of the petitioner against the bills.
(2.)LEARNED State counsel, on the other hand, has opposed the petition.
In the present case, FIR in question was registered on the basis of secret information that Prem Chand and Mohan Chand were having a tea stall opposite Ranjit Complex and were selling intoxicant tablets in a heavy quantity. Thereafter, a raid was organised and the said persons were apprehended. During investigation, said accused made a statement that they had purchased the medicines from the petitioner. Petitioner by way of CRM -M No. 25050 of 2011 sought anticipatory bail. On 12.9.2011, following order was passed by this Court: - -

This is a petition for pra -arrest ball to the petitioner In case registered vide FIR No. 68 dated 26.6.2011 under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substance Act "NDPS Act" for short) at Police Station Division No. 1, Ludhiana. Learned counsel for the petitioner has submitted that the aforesaid FIR has been registered on secret information which in which it has been alleged that the shops in the pindi street have been closed because of holiday. Prern Chand s/o Khandu Ram and Mohan Chand s/o Prern Chand having tea stall opposite Ranjlt Complex are selling the Intoxicant tablets in large quantity, which can be recovered from them. He has further submitted that police raided the aforesaid two persons who were arrested with some english medicines. At - the same time, on the same day, the police party also conducted a raid in the premises M/s. Hindustan Medicine Traders. and recovered various drugs for which the persons concerned could not show the relevant documents of Its purchase.

Learned counsel for the petitioner has submitted that the petitioner is Neither the owner nor the partner of the chemist shop which is being run in the name of his wife, who has licence of B. Pharmacy. He has further submitted that he was not present at the spot. During the course of the Investigation, the original bills were given to the learned counsel for the State for the purpose of verification.

Sh. K.D. Sachdeva, Addl. A.G. Punjab appearing on behalf of State, on instructions received from SI Lovedeep Singh has submitted that the original bills are of the drugs, recovered from the premises of petitioner meaning thereby petitioner has not committed any offence under the NDPS Act, 1985 and Drugs and Cosmetics Act, 1940.

Therefore, petitioner is directed to join investigation on 20.9.2011. In the event of his arrest, he shall be released on bail by the Investigating Officer on his furnishing bail bonds to his satisfaction. He shall also abide by the conditions contained in Section 438(2) of the Code of the Criminal Procedure, 1973.

List on 4.10.2011.

(3.)THEREAFTER , on 31.10.2011, following order was passed in the said petition: - -
Learned counsel for the petitioner submits that he has joined the investigation. This fact is conceded by the learned State counsel, on instructions from HC Sukhdev Singh. The petitioner is not required for further investigation.

In view of the above facts order dated 12.9.2011 is made absolute subject to the conditions already contained therein.

The petition is disposed of.