DEEP KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing F.I.R. No. 5 dated 6-1-1994, registered at Police Station, Moga, for an offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Narcotic Act).

(2.) The facts necessary for the disposal of this petition are that the petitioners are partners in Firm M/s. Goyal Sales Corporation and are carrying on the business of chemist and druggists at Court Road. Moga, having Drug Licence No. DL-20-B-787600 Nos. 21-B 764800 valid upto 31-12-1993, having applied for renewal vide Challan No. 1255573, dated 25-1-1994 (Annexure P. 1). They have also Sales Tax and Central Sales Tax No. 15 80908411, dated 19-12-1991 (Annexure P. 2). They are authorised stockists of a number of companies dealing in wholesale medicines having huge stocks to be supplied to the retailers for further sale to the consumers vide Annexure P. 2.

(3.) On 6-1-1994, Inspector Jasbir Singh, along with his companion, after getting secret information, raided certain premises and recovered certain drugs and injection ampules from a room alleged to be in the occupation of one Tarsem Lal son of Babu Ram. Samples were drawn from very lot of drugs and injections and the same were converted into 19 sealed packets. A case under Section 21 of the Narcotic Act was registered against the petitioners. The sample parcels were sent to the Forensic Science Laboratory, Punjab, Chandigarh, and the report dated 29-3-1994 has been received.