LEELA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Leela Ram has filed the present petition under Section 482 Cr.P.C. for quashing of FIR No. 211 dated July 6, 1996 lodged in P.S. Kotwali, Barnala under Section 22 of the N.D.P.S. Act, 1985.

(2.) THE case of the petitioner is that he is the Proprietor of M/s Punjab Medical Hall, New Bus Stand Road, Barnala, carrying on the business of retail chemists and was having a valid drug licence at the relevant time. It is stated that the proprietor of M/s Punjab Medical Hall is an authorised stockist dealing in retail to be sold to consumers on prescription or otherwise having a valid bill. On November 27, 1995, while the petitioner was coming out, he was found in possession of one injection of Norphine and further in his left hand in a glazed paper he was holding 7 packets containing 10 injections each of Norphine. Upon the recovery of the aforesaid injections, the police registered a case under the N.D.P.S. Act. In the seizure memo, a recovery of 79 injections was shown.

(3.) LEARNED counsel for the petitioner has relied upon 1997(2) RCR(Crl.) 417 (Deep Kumar v. State of Punjab) and also a judgment of this Court in Criminal revision No. 596 of 1997 (Ashok Kumar v. State of Punjab) decided on July 9, 1999.