RAJEEV KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a Criminal Misc. Petition filed under Section 482, Cr. P.C. by Rajiv Kumar whereby he has sought the quashing of FIR No. 59 dated 18-7-1996 registered at Police Station, Sirhind under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as Act of 1985) against him and consequential proceedings.

(2.) It has been averred by him that he is proprietor of M/s. R. K. Medical Store, New Dana Mandi, Sirhind carrying on the business of wholesale Chemists under a valid drugs licence Annexure P/1 authorising to sell, stock or exhibit (or offer) for sale or distribute by retail the categories of Drugs specified in Schedule C and C (I) excluding those specified in Schedule X to the Drugs and Cosmetics Rules, 1945 and to operate pharmacy on the premises situated at G.T. Road, Bye-pass, Sirhind Mandi, District Fatehgarh Sahib.

(3.) According to the prosecution, on 18-7-1996 Inspector Harbhajan Singh along with Sh. M. L. Gupta, Drugs Inspector, Fatehgarh Sahib and others raided the business premises of M/s. R. K. Medical Store, Sirhind and seized the following medicines/drugs : 1. 4 x 800 Tab. Lomotil 2. 30 x 10 Tab, Lomotil 3. 85 x 2 ml. Inj. Norphin 4. 45 x 100 ml. Syp. Phensedyl 5. 16 x 8 Cap. Proxyvon 6. 8 x 8 Cap. Spasmo Proxyvon 7. 8 x 18 Cap. Spasmo Prosyvon 8. 22 x 10 Tab. Dizapam.