RUPESH PRADIP BHARUKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present petition has been filed initially for quashment of First Information Report vide Crime No.211/2020 dtd. 24/4/2020 registered with City Chowk Police Station, Aurangabad, for the offence punishable under Ss. 276, 328 of the Indian Penal Code, 1860, under Ss. 18(a), 18(b), 18(c), 27(b)(ii), 28 read with Sec. 65(17) of the Drugs and Cosmetics Act, 1940 and under Sec. 22(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and later on by way of amendment for quashing the proceedings in Special Case No.357/2020 pending before learned Special Judge, Aurangabad.

(2.) Heard learned Advocate Mr. S.S. Agrawal for petitioner and learned APP Mrs. R.P. Gour for respondent Nos.1 and 2.

(3.) Learned Advocate for petitioner has taken us through the contents of First Information Report and entire charge sheet. He submits that informant - respondent No.2 is the Drug Inspector and states that the raid was conducted by him along with police on 24/4/2020 after the secret information was received. Co-accused Shaikh Atiq Shaikh Abdullah was found possessing 30 tablets (03 strips of 10 tablets each) of Alprazolam Tablets IP Alpracare 0.5. Thereafter, when his house was searched, more tablets were found i.e. 1770 of Alprazolam Tablets IP Alpracare and Alprazolam Tablets IP Welprazone. Therefore, at the time of lodging First Information Report it was only against co-accused. It then appears that during the interrogation said accused had discovered that he had purchased the said medicines from the medical shop of present petitioner and accordingly, search was taken on 27/4/2020. During the search of medical shop of petitioner 53 bottles of 100 ml each i.e. 45 bottles of Chlorpheniramine maleate and codeine phosphate syrup and 8 bottles of Codeine Phosphate and Chlopeniramine Maleate syrup were found. On certain bottles there was erasers in respect of batch number and MRP. Charge sheet contains the result of testing of cough syrup bottles seized from the medical shop of petitioner. It is dtd. 8/6/2020 and it says that in the sample bottles which were sent "the contents of Chlorpheniramine maleate and codeine phosphate are within the permissible limit". Under such circumstance the Investigating Officer ought not to have prosecuted the present petitioner. Rather than it is stated that he has added the Sec. 22(A) of the N.D.P.S. Act. The cough syrup seized from the petitioner's medical store contains a sedative ingredient, but because the amount is within the permissible limit, no offence can be said to have been committed. Further, there cannot be any intention on the part of petitioner to kill anybody by administering any poisonous or stultifying object.