JUDGEMENT
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(1.) The petitioners have filed this petition under Section 482
Cr.P.C. for quashing of an FIR No. 18 dated 4.2.2003 under Sections
22/25/61/85 of the NDPS Act, registered at Police Station Zira.
(2.) In Crl. Revn .No. 1834 of 2003, the following stand was taken
by the State of Punjab, with regard to the cases registered under the NDPS
Act against the chemists:-
"At the outset counsel for the State submitted that issue
whether the petitioners are liable to be prosecuted was
reviewed by Committee comprising of Chief Secretary,
Advocate General and DGP, Punjab. Representation being
made by the Punjab Chemist Association, SSPs have been
directed to take care that no false case was registered against
any Genuine Chemist/Druggist unless the alleged Act fell
under the provisions of the Act. It was also decided to review
all pending cases of the Chemists by the Committee headed
by DIG (Crime) with two SPs of the Crime Branch and the
State will not proceed against any Chemist, who was selling
Drugs on prescription as medicines. Whether or not the
Chemist were genuinely selling medicines against prescription
will be reviewed."
(3.) Counsel for the respondent-State states that in view of the
above stand taken by the Punjab State in other cases, case of the
petitioner will also be reviewed by the Committee constituted for the
purpose headed by the DIG (Crime) with two SPs of Crime Branch within a
period of two months and according to the decision taken by the said
committee, the case of the petitioner further will be proceeded in
accordance with law. After the said decision of the Committee, if the
petitioner will have any grouse, it will be open for him to again approach the Court.;
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