AJAY GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard. This petition has been filed under Section 482 Cr.P.C , 1973for quashment of the proceeding registered against the petitioner in pursuance to the F.I.R at Crime No. 470/2016 registered at the Police Station Beohari, District Shahdol for offence under Sections 8/21, 22 of N.D.P.S. Act.

(2.) As per the prosecution story, on the information by an informer on 09.07.2016 Police Station, Beohari, Kamlesh Mali was intercepted and after giving notice to him, search was made in presence of witnesses. From the possession of Kamlesh Mali, a plastic bag containing 24 bottles each containing of 100 ml. of CHLORHENIRAMINE MALEATE named as COREX has been seized. The same has been seized and sample A1 and A2 were kept for chemical examination. Similarly, 24 bottles were also seized from co-accused Ram Prasad Vishwakarma. Sample B-1 and B-2 has been taken for chemical examination. The accused persons Kamlesh Mali and Ram Prasad Vishwakarma intimated to the police that they obtained the COREX from the applicant Ajay Gupta, resident of Manpur, District Umaria by paying the price.

(3.) On behalf of the petitioner, it is submitted that the petitioner has been falsely implicated. The prosecution case, if considered in its entirety, does constitute any offence. The Circular dated 26.10.2005 and 01.03.2009 issued by the Drugs Controller General India to all the State Drugs Controllers and a letter dated 15.10.2012 issued by the Pharmaceutical Company 'Abbott,' (the manufacturer of the drug) to its trade partnership show that the drug is a Narcotic Drug as the concentration of Codeine Phosphate in it is mere 0.20% as compared to permissible limit to 2.5%. The drug comes under the Schedule H-1 of the Drugs and Cosmetics Rules, 1940. Therefore, the stocking and sale of the drug do attract the provisions of the N.D.P.S Act and the Rules, 1985.