VIKAS SEHGAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C for quashing of FIR No. 423 dated 15.11.2008 under Sections 22/61/85 of Narcotics Drugs and Psychotropic Subsances Act, 1985 registered at Police Station Division No.6, Jalandhar.

(2.) Brief facts of the case are that the petitioner is proprietor of a Medical/Chemist Shop being run under the name and style of M/s. Sehgal Medicos at Mithapur Chowk, Jalandhar for the last about 10 year. The case of the prosecution is that on 15.11.2008, the petitioner was apprehended while coming on foot to be in possession of some drugs and 11 injections of NORPHIN, 1 injection of CURAPOSE, 9 injections of Pheniramine Maleate etc. were recovered from him. The petitioner is operating the said chemist shop by means of license, bearing nos. 14215-NB and 14215-B issued by the State Drugs Controlling & Licensing Authority, Punjab, Chandigarh for the sale, stock, exhibit or offer for sale or the distribution of drugs both Biological and Non-Biological. The said license is valid till 31.12.2012. The petitioner had purchased questioned medicines/drugs through retail invoice No. 2632 dated 11.11.2008.

(3.) Learned counsel for the petitioner submitted that the drugs recovered from the petitioner do not fall under the Narcotics Drugs and Psychotropic Substances Act, 1985. Rather, the recovered drugs being come under the Drugs and Cosmetics Act. It is further stated by learned counsel for the petitioner that that the Drug Controller had issued a certificate to the petitioner, which authorized him to possess Biological and Non-Biological medicines and even if some medicines are found to be in possession of the petitioner, it does not attract provisions of the Narcotic Drugs and Psychotropic Substances Act.