AMANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AUGUSTINE GEORGE MASIH, J. Prayer in this petition under Section 482 Cr.P.C. is for quashing of FIR No.123 dated 24.11.2009 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act') registered at Police Station Kot Isah Khan, District Moga and all consequential proceedings arising therefrom on the ground that the drugs which are alleged to be narcotic drugs are in fact medicines and the petitioner being a licenced holder Chemist under the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the '1940 Act') cannot be prosecuted under the NDPS Act and further if there is any violation of the conditions of licence, a complaint can well be lodged by the competent Authority before the Court under the 1940 Act alone and that the registration of the FIR against the petitioner is an abuse of process of law.

(2.) WHEN the case came up for hearing before this Court on 21.04.2011, following order was passed:-

(3.) IN view of the above report of the Review Committee, according to which the recovery effected from the petitioner is covered under the 1940 Act for which a complaint can be initiated by the competent Authority, the registration of the FIR under the NDPS Act is not in accordance with law.