- (1.) AUGUSTINE GEORGE MASIH, J. Prayer in this petition under Section 482 Cr.P.C. is for quashing of FIR No.123 dated 24.11.2009 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') registered at Police Station Kot Isah Khan, District Moga and all consequential proceedings arising therefrom on the ground that the drugs which are alleged to be narcotic drugs are in fact medicines and the petitioner being a licenced holder Chemist under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the '1940 Act') cannot be prosecuted under the NDPS Act and further if there is any violation of the conditions of licence, a complaint can well be lodged by the competent Authority before the Court under the 1940 Act alone and that the registration of the FIR against the petitioner is an abuse of process of law.
(2.) WHEN the case came up for hearing before this Court on 21.04.2011, following order was passed:- "This petition has been filed for quashing of FIR No.123 dated 24.11.2009 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Kot Isah Khan, District Moga. As per allegations in the FIR, the petitioner was found in possession of some tablets, capsules and other medicines whereas the case of the petitioner is that he was holding a valid licence to possess and sell the medicines and the licence is valid upto 31st March, 2013. Learned counsel for the petitioner has drawn my attention to an order dated 22nd March, 2006 passed in Crl.Revision No.1834 of 2003 wherein on the directions issued by this Court, State has to constitute a Committee to go into all such matters and see whether any offence under the N.D.P.S.Act is made out or not, and also to see whether such persons are having licence to run Chemist shop from whom the recovery of the drugs has been made. Learned counsel for the petitioner submits that in large number of cases, the matter has been referred to the Committee. Learned counsel also requests that the present case may also be referred to the said Committee so that outcome of the case be determined on the basis of recommendation of the Committee. Since a Committee has been constituted for that purpose and all issues can be gone into by the said Committee. Accordingly this petition is also referred to the Committee so constituted which shall go into the contents of the FIR and see if any offence under the N.D.P.S. Act is made out or not. The Committee is also requested to decide the case within a period of six months. Meanwhile, proceedings with regard to present FIR are stayed. Adjourned sine die to await the report of the Committee. The report of the Committee be placed on record as soon as it is made available for taking further action in the matter. Learned counsel for the petitioner undertakes to revive this petition after fifteen days from the date of decision by the Committee." As per the order passed by this Court, report of the Review Committee has been forwarded to this Court by the Additional Director General of Police, Crime, Punjab Chandigarh. The recommendations of the Review Committee read as follows;- "As per Technical opinion report of the Drug Inspector, distt. Moga in this case 1.Diphenoxylate HCL 2.Atropine Sulphate 1.Dicyclomine HCL 2.Dextropnoporyphase HCL 3.Paracetamol Nitrazepam salt do not covered under NDPS Act and a licensed Chemist can keep this medicine for sale accused Amandeep Singh holding valid wholesale drug sale license. However medicine recovered from the possession of and at the time of recovery accused had not shown any valid drug sale license or bill of this medicine to the police so he should be prosecuted under the Drugs and Cosmetics Act, 1940."
(3.) IN view of the above report of the Review Committee, according to which the recovery effected from the petitioner is covered under the 1940 Act for which a complaint can be initiated by the competent Authority, the registration of the FIR under the NDPS Act is not in accordance with law.;