ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed for quashing the impugned order dtd. 11/10/2022 passed by the Additional Sessions Judge, Patiala in case No.NDPS/442/2020 pertaining to FIR No.157 dtd. 5/6/2020 registered under Ss. 3(1), 3(3), 4, 23, 25 PNDT Act and Ss. 22/61/85 of the NDPS Act at Police Station Patran District Patiala whereby the application of the petitioner for summoning the record and for directing SMO Patran and Drug Inspector Patiala to furnish the report regarding the record for issuance of 1170 tablets under Batch No.CLE 2001 has been dismissed.

(2.) The brief facts of the case as emanating from the pleadings are that on 5/6/2020, a phone call was received from the District Family Welfare Officer, Tarn Taran that a sting operation under the the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 was to be conducted at Patiala Hospital, Patran. On this, the Police went to the Hospital where the informer along with other Medical Officers was already present. The said operation was conducted and the petitioner and his wife were arrayed as accused on the allegations that the petitioner, his wife and other associates at Patiala Hospital, Patran were conducting sex determination tests. As per the allegations, the petitioner was apprehended at the spot whereas his wife ran away. It was further alleged that narcotic drugs and illegal abortion equipments were recovered from the spot of occurrence. A copy of the FIR is attached as Annexure P-1 to the petition.

(3.) Though, initially, the FIR was lodged only under the PNDT Act, subsequently, the provisions of the NDPS Act were also invoked and consequently the challan and the supplementary challan were submitted under Ss. 3(1), 3(3), 23, 25 of PNDT Act, Ss. 22/61/85 of NDPS Act and Sec. 120-B IPC, Police Station Patran. The copies of the said challans are attached as Annexures P-2 and P-3 to the petition.