ARVIND CHANDWANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Cr.P.C.for quashment of the proceedings registered against the petitioner in pursuance to the FIR lodged at the police station Kuthla, District Katni vide crime No. 165/2015 for the offences punishable under Sections 8, 21, 22 of Narcotic Drugs & Psychotropic Substances Act, 1985 and Sections 420, 467, 468 & 471 of the IPC.

(2.) It is contended by the learned senior counsel that the controversy involved in this petition has already been decided by this Court vide order dated 15/10/2015 passed in Criminal Revision No. 1621/2015, hence, with the consent of the parties, the case is heard and disposed of at motion hearing stage itself.

(3.) The police seized a truck of Mishra Freight Career Katni having registration No. WB-23 B- 5891. From the aforesaid truck 372 boxes of Phensedyl Cough Syrup bottles of 100 mg were seized. The allegation against the applicant is that his Medical Agency named as Hind Medical Agency, Jabalpur had sent 50 cartoons of Phensedyl Cough Syrup to be transported to Maa Gauri Enterprises, Lucknow. A FIR was lodged that total 37,200 bottles of Phensedyl Cough Syrup were found in the truck. Sample of the drugs was sent to ITL Labs Pvt. Ltd. Indore. On the basis of the aforesaid facts, the offences punishable under Sections 8, 21, 22 of Narcotic Drugs & Psychotropic Substances Act, 1985 and Sections 420, 467, 468 & 471 of the IPC were registered against the petitioner vide crime No. 165/2015 at police Station Kuthla, District Katni. As per the report of ITL Labs Pvt Ltd. Indore, which has been filed along with the application, the bottles of Phensedyl Cough Linctus were manufactured by the Abbott Health Care Pvt. Ltd. Each 5 ml bottle contains 9.87 ml Codeine Phosphate.