PARMANAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record is that, on 11.07.2012 in pursuance of secret information of grave legal violations, complainant Vijay Rani, Drug Control Officer(for brevity "the complainant") and Mr.M.K.Bhadu, SMO, have constituted a raidingparty and inspected the premises of Sharma Medical Agency, Dabwali. In the wake of search, 15000 Microlet tablets, 20000 Lomotil tablets, 480 bottles of Rexcof syrup, 400 Lupigesic injections, 550 Unizocine injections, 900 Zocin injections, 1200 Spasmocip capsules, 1000 ZZZ tablets, 5000 tablets of Zepose 10 Mg, 5000 tablets of Zepose 5 Mg., 3150 tablets of Decalm 10 Mg., 700 tablets of Decalm 5 Mg., 3300 capsules of Spasmocip Plus, 19200 tablets of Rest 0.5, 6800 capsules of Parvon Spas, 1100 tablets of Anxipam, 390 capsules of Dexovon, 94000 tablets of Antipam 2 Mg., 6000 tablets of Spasmo Plus, 1000 Unizocine Injections (1 ml), 6912 capsules of Spasmo Proxyon, 720 capsules of Spasmo, 2700 capsules of Spasmo Cip Plus, 200 Unizocine injections, 100 capsules of Provon Fort, 96 Fortvin injections, 44000 Momolit tablets, 35400 Prozolam 0.5 Mg., 19800 Provon Spas capsules, 10000 Pheuolit tablets, 5600 Tranax, 8800 Alto 0.5 Mg. tablets, 7200 Spazpmoci Plus capsules, 2000 Parvodex capsules, 144000 Alto 0.5 Mg. tablets, 2160 Proxyvon capsules, 2304 Parvon capsules, 78000 Altipam 2 tablets, 14 bottles of Corex syrup, 25000 Fhenoltil tablets, 90400 Alto 0.5 tablets, 500 Luzapalm tablets, 2880 bottles of Rexcaf cough syrup(602 ml), 480 bottles of Rexcaf cough syrup (100 ml), 3840 bottles of Rexcaf cough syrup (100 ml), 330 bottles of Kilcaf (100 ml) and 5 bottles of Kilcaf (10 ml), were recovered from the possession of the petitioners, without any valid permit or licence under the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter to be referred as "the NDPS Act) and the relevant Rules framed thereunder.

(2.) According to the complainant, she demanded, but the petitioners failed to submit, the valid permit or licence under the NDPS Act, relevant stock register and sale record etc. in this relevant connection. After completion of all the statutory/codal formalities, the samples and remaining drugs were sealed into separate sealed parcels and taken into possession by way of recovery memos in the presence of witnesses. The prosecution claimed that, huge commercial quantity of indicated Narcotic Drugs & Psychotropic Substances was recovered from the possession of the petitioners without any valid permit or licence and relevant record. It was claimed that the composition of salts contained in the Narcotic Drugs & Psychotropic Substances recovered from the accused, fall within the domain of Tables/Schedules appended to the NDPS Act and the relevant Rules framed thereunder. In the background of these allegations and on the basis of pointed recovery of commercial quantity of narcotic drugs, the present criminal case was registered against the petitioners, vide FIR No.288 dated 11.7.2012(Annexure P-8), for the commission of offences punishable under Sections 21 and 22 of the NDPS Act(the offences punishable under Sections 420, 467, 468 and 120-B IPC were added later on), by the police of Police Station City Mandi Dabwali, District Sirsa.

(3.) Having completed all the investigations, the police submitted the final police report(challan). The Special Judge, taking into consideration the entire material on record, accordingly charge-sheeted the petitioners-accused, for the commission of indicated offences, by means of impugned order dated 05.06.2013(Annexure P-9). Thereafter, the case was slated for evidence of the prosecution.