MAHESH RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the instant revision, petitioner has challenged the order of framing charge, passed by learned Judge, Special Court in FIR No. 90 dated 01.11.2013, Police Station Dharamgarh for offence under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act of 1985'), primarily on the ground that keeping in possession 'Alprazolam' tablets is not an offence, the same being not mentioned in Schedule I of the Narcotic Drugs and Psychotropic Substances Rules, 1985 (for short 'the Rules'). The other ground of attack is that charge-sheet was presented for offences under Section 22/61/85 of the Act of 1985, revealing the extent of illegality, as Section 85 does not exist even in the Act and Section 61 of the Act is not relevant to the controversy in as much as latter section relates to confiscation of goods used for concealing illicit drugs or substances.

(2.) At the outset, I would hold that the above contention is misconceived as describing 61/85 in the challan report obviously means, (though not happily described) Act No. 61 of 1985 and it is commonly seen that the police describes the provision in the said context.

(3.) The version contained in the FIR is that on 01.11.2013, police party headed by Assistant Sub-Inspector (ASI) Sampuran Singh was going on metalled road from village Jakhepal towards village Kanakwal Bhangwan. At about 09.10 a.m. they saw the petitioner holding plastic bag of white colour going towards village Kanakwal Bhangwan and was apprehended on suspicion. The petitioner was apprised of the right to be searched before a Magistrate or a gazetted officer. The petitioner reposed faith in the ASI. The plastic bag was found containing 35 strips each containing 10 tablets of intoxicating tablets marked 'Alprazolam Goldy 0.5'. Two strips were prepared into separate parcels as samples. The total number of tablets recovered from these strips was 350. The contention of the petitioner is that he is a commission agent at Sunam in District Sangrur. He is suffering from anxiety and hyper tension associated with stress of everydays life. He has been suffering from depression for a number of years and using 'Alprazolam' tablets for management of the said disease.