PAWAN KUMAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally at motion stage. This application under section 482 of Cr.P.C , 1973has been filed to invoke the extra ordinary jurisdiction of this Court and to quash the FIR at Crime No.31/2016, registered at Police Station-Semariya District-Rewa for offence under Sections 8 r/w 21, 22 of Narcotic Drugs and Psychotropic Substances Act 1985 (for brevity the NDPS Act).

(2.) Bereft of the unnecessary details, the facts just necessary for disposal of this petition are that on 27.4.2016, truck bearing registration No.MP-09/HG 1335 met with an accident at Shahpur under the Police Station-Semariya. It was traveling from Indore to Muzaffarpur (Bihar). On the report of the villagers, police reached the spot found the vehicle loaded with cartoons containing 45,000 bottles of Phensedyl Syrup each containing 100 ml. Police after investigation found that the said syrup contained "codeine phosphate" a substance, which is narcotic product. Therefore, offence has been registered under Sections 8, 21, 22 of NDPS Act and Crime No.31/2016 was lodged against Dilsad Khan (Driver), Dharmendra Chourasia (Cleaner), Ramkrishna Mishra (Owner of truck), Gyanchandra Pandey (Transported), Mukesh (person who loaded the truck). During the investigation, Applicant No.1 Prawan Kumar the proprietor of Malwa Traders and Company has also been impleaded as an accused, who was responsible for sending the consignment of the "Phensedyl Syrup" to Choudhary Drug Agency Muzaffarpur, Bihar. After due investigation, charge-sheet has been filed.

(3.) On behalf of the petitioner, the charge-sheet has been assailed on the ground that, narcotic drug, which contained in each bottle is less than the permissible limit. The permissible limit is 9.0-11.0 mg in every quantity of 5 ml. It is also contended that the applicant is having registration under the Drugs and Cosmetics Act and Annexure-A/3 is the registration certificate of Choudhary Drug Agency, which is valid from 4.9.2015 to 3.9.2020. It would be appropriate to mention here that the incident took place on 27.4.2016. The consignment was being sent to Choudhary Drug Agency Muzaffarpur, Bihar through the transporter. Annexure-A/2 is the consignment order dated 6.4.2016. Exhibit-A/1 is the registration certificate of the Malwa Traders is from 26.8.2015 to 25.8.2020. The certificate was issued on 26.8.2015 by the licensing authority Indore. The indent for supply of 45,000 bottles against challan No.003807 of Axis Bank Maripur Branch Muzaffarpur dated 6.4.2016 is filed as Annexure-A/2. The certificate of registration of Choudhary Drug Agency under Section 19 of the Bihar Value Added Tax Act, 2005 is at page-14 of the petition. The tax invoice Annexure-A/4 is dated 20.11.2015 for Rs. 34,20,000/-.