ASHOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The question posed to this Court is whether Possession of 'Phensedyl Cough Syrup' (containing Codeine, an opium derivative), manufactured by a licenced manufacturer, stocked by a licenced stockist in licenced premises would constitute an offence, punishable under Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S.Act")

(2.) The petitioner Ashok Kumar has filed this petition under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") to seek quashing of proceedings of Complaint Case No.20 of 2014 titled "Union of India through Intelligence Officer, Narcotic Control Bureau, Lucknow (for short 'N.C.B.') v. Baljeet Singh and another', under Sections 8,21,25 and 29 of the N.D.P.S.Act. The petition also prays for quashing of order dated 10.3.2014 passed in the abovenoted case by Additional District and Sessions Judge-VIII, Lucknow, by means of which charges have been framed against the petitioner for commission of offence under Sections 8,21 and 29 of the N.D.P.S. Act.

(3.) Facts giving rise to filing of this petition are that on 26.08.2013, a raid was conducted by a team of officials of Narcotic Control Bureau at the premises of M/s Simran Pharma, UGF No.9, New Medicine Market, Aminabad, Lucknow. Baljeet Singh, the proprietor of the said Firm was found in the premises and led the team to recover large quantity of drugs, including Phensedyl Cough Syrup (total 10950 bottles). Baljeet Singh could not produce bills for purchase of the medicines. Baljeet Singh allegedly disclosed that he used to get Phensedyl Cough Syrup with the help of certain persons/firms. Because shop/godown is located in a crowded area, therefore, the shop of M/s Simran Pharma (unsearched portion) was locked and sealed. Raid was resumed on 27.08.2013 whereupon other drugs were also recovered.