TAJINDER SINGH ALIAS MONTU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this petition, under Section 482 of Code of Criminal Procedure, Petitioner seeks quashing of First Information Report (for short 'FIR) No. 128 dated August 29th, 1998 registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act"), Police Station Jhabal, Police District Tarn Taran.

(2.) Allegation, in brief, against the Petitioner is that he was proprietor of a chemist shop 'Montu Medicos, Amritsar'. On August 29th, 1998 he was apprehended by the Police of Police Station Jhabal, District Tarn Taran while carrying 800 injections of Morphine. He was arrested. Sample out of the recovered injections was sent to the Forensic Science Laboratory, Punjab, Chandigarh. Vide its report dated September 29th, 1998 (Annexure P-3), it was found that injections contained Morphine sulphate at an average of 14.58 mg per milliliter. On the basis of FSL report, Petitioner was charged under Section 22 of the NDPS Act.

(3.) Learned State counsel and Sh. Pardeep Kumar, Assistant Drug Controller, Government of Punjab, Chandigarh have stated that on the basis of FSL report, no offence is made out against Criminal Misc. No. 42734-M of 2000 (2) the Petitioner because strength of Morphine in each injection was not more than 0.2 per cent. On the similar facts, this Court in Sewak Singh v. State of Punjab 1998(4) RCR(Cri) 832 acquitted the accused who was charged under Section 22 of the NDPS Act for keeping in his possession 1000 injections containing Morphine but the strength of Morphine in each injection was not more than 0.2%.