AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure for quashing F.I.R. No. 48, dated 15-4-1995 registered at Police Station, Ghal Khurd for an offence under Ss. 21/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') and the subsequent proceedings taken therein.

(2.) According to the First Information Report in question, the petitioner Amrik Singh was found to be in possession of 35 bottles of Phensedyl intoxicating medicine of 125 mls. each. A sample of 25 ml. was drawn from each of the said bottles. The sample bottles and the remaining bottles were sealed with the seal of TS and were seized by preparing a seizure memo. On the basis of a ruqa sent by Sub-Inspector, a case under S. 21 of the Act has been registered. The sample parcels were sent to the office of the Forensic Science Laboratory and the report dated 16-5-1995 has been received. As per report each sample was found to contain Codeine Phosphate 9.5 mg/5 ml.

(3.) It has been stated in the petition that the petitioner is the holder of Drug Licence No. 674-OB and 457-B to carry on his business of a retail chemist under the name and style of M/s. Guru Nanak Medicose, Mudki, District Ferozepur, that the drug Phensedyl is a cough syrup being manufactured by M/s. Rhone Poulenc Ltd., Bombay, a drug manufacturing company earlier known as May and Baker under their valid Licence No. 345 that the possession and sale of the said drug is no offence under S. 21 of the Act since the same does not fall within the ambit of the term "manufactured drug".