NARCOTICS CONTROL BUREAU Vs. SAJESH SHARMA

JUDGEMENT

(1.) The Petitioner Narcotics Control Bureau (NCB) invokes inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 (the Code) for setting aside of the order dated 17.04.2010 passed by the learned Special Judge-NDPS whereby the Respondent's prayer for alteration of the charge and for remitting the case to the Court for trial of the case for the offences under the Drugs and Cosmetics Act, 1940 (D&C Act) was allowed.

(2.) As per the allegations of the prosecution an information was received from the Delhi Zonal Unit at NCB that huge quantity of bunogesic injections were being supplied by M/s. Rusan Health Care Ltd. to their stockists at Delhi. In pursuance of the information and on receipt of list of stockists, summons were issued to various firms including M/s. International Drugs, Bhagirath Place having licence No.DL.26(1163)20B and 21B which was the Proprietorship Firm of Respondent Sajesh Sharma. In pursuance of the summons Respondent appeared before the officers of NCB who recorded his statement. Statement made by the Respondent led to filing of chargesheet against him for an offence punishable under Section 22 (c) of the Nacrotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The relevant part of the impugned order which led to the framing of the charge under Section 22 (c) of the Act is extracted hereunder:-

(3.) While the case was at the stage of evidence, a prayer was made on behalf of the Respondent for transfer of the case on the file of the Metropolitan Magistrate ('MM') as possession of the bunogesic injections was not covered under the NDPS Act but was covered only under the D&C Act which was exclusively triable by the Court of 'MM'.