- (1.) THIS revision petition has been filed against the order dated 28.1.2010 passed by learned Special Judge, NDPS Act Cases, Sri Ganganagar whereby charge has been framed for the offence under Sections 8/21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the N.D.P.S. Act).
(2.) THE short facts of the case are that the petitioner is a licenced-dealer of medicines under the provisions of Drugs and Cosmetics Act, 1940 and running a business in the name of M/s J.S. Distributors at Sri Ganganagar. Some medicines were purchased under valid bills and were received by the petitioner which were placed in his house and while they were shifting it to his place of business, the S.H.O., Police Station Jawahar Nagar has seized the same and registered an FIR No. 313/2009 for the offences under Section 8/21 and 22 of the N.D.P.S. Act. After investigation, charge-sheet has been filed against the present petitioner and the learned trial court has framed the charge against the present petitioner. Hence this revision. The contention of the present petitioner is that medicines which have been recovered from the present petitioner are not covered under the N.D.P.S. Act as the constituent of these medicines are within the limit prescribed under the scheduled appended to N.D.P.S. Act and hence no charge under Sections 8/21 and 22 of the N.D.P.S. could be framed against the present petitioner.
(3.) PER contra, the contention of the learned Public Prosecutor is that there is no infirmity in the above order.;