PAWAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition is against the order dated 15.11.2008 passed by the Court of Special Judge, SAS, Nagar Mohali, vide which, the lower Court has framed charges against the petitioners for offences under Sections 22/61/85 of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short 'the NDPS Act'). Learned counsel for the petitioners states that the petitioners are the agents of Firm M/s Paras Vet Pharma, Nattan Wali Gali, Backside Indira Market, Patiala, District Patiala. The said firm is carrying on the business of wholesale Chemists and Druggists at Patiala having drug licence No. Drugs (4) Pb. 2005/9597 valid up to 11.08.2010. The firm is authorised stockiest of a number of companies, dealing in wholesale medicines, having huge stocks to be supplied to the retailers for further sale to the consumer. On 10.08.2008 and 11.08.2008, the petitioners took delivery of various drugs for and on behalf of M/s Paras Vet Pharma from various wholesale agencies against the orders placed by M/s Paras Vet Pharma with these agencies. It is further stated that as per the alleged incident, i.e., on 12.08.2008, the petitioners while travelling in a car were found in possession of 280 vials (bottles) of Rexcof (syrup) 100 ml each, Lomotil tablets, Spasmocip Plus capsules, Re-dexavon capsules, Spasmo Proxivon capules, Promon Spas capsules. Since the petitioners could not produce any licence or permit regarding the possession of the medicines, a case under Section 22/61/85 of NDPS Act and 18-C of Drugs and Cosmetics Act was registered against them vide FIR No. 243 dated 12.08.2008 at Police Station Kharar, District SAS Nagar. The sample parcels of the drugs allegedly recovered from the petitioners and the co-accused were sent to the FSL, Punjab at Chandigarh.

(2.) According to the report submitted by the FSL, Punjab, so far as the drugs contained in parcels No. 1, 2, 3 and 5 are concerned, these were found to contain tablets Lomotil and Momotil, containing ingredients as follows:-

(3.) On the basis of the report of the FSL, Punjab, learned counsel for the petitioners stated that no offence under Sections 22/61/85 of NDPS Act or the rules framed thereunder is made out against the petitioners as none of the drugs allegedly recovered from the possession of the petitioners fall within NDPS Act. It is stated that the same falls under the Drugs and Cosmetic Act. As per the drugs contained in parcels No.1,2 3 and 5 are concerned, reliance was placed on the judgement of this Court rendered in the case of Deep Kumar v. State of Punjab, 1997 (2) RCR 417, which reads as under:-