MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 of Cr.P.C for quashing FIR No. 298 dated 24.09.2007 for offences under Sections 22/ 61/85 of NDPS Act registered at Police Station City Tarn Taran, District Tarn Taran.

(2.) Brief facts of the case are that the Petitioner is a licensed Chemist and is running Chemist Shop under the name and style of M/s R.K. Medicine Centre and having valid drug license upto 18.07.2010 duly issued by the State Drug Controller. Punjab, Chandigarh. The Petitioner, as a Chemist, for the purpose of business, used to buy and sell various medicines from the wholesalers. The story of the prosecution is that on secret information and during Nakabandi, the Petitioner was apprehended on his scooter and the medicines Microlit (5000 Tablets) Subrinol (2000 Tablets) and Pyremol Spasm (2000 Capsules) were recovered from him. The police registered a case against the Petitioner as mentioned in the FIR that he could not produce licence/permit in carrying the said medicines, whereas, the Petitioner is having valid license for selling the medicines.

(3.) The matter was sent to the Committee by the State Government. The opinion of the Drug Inspector is as under: