ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is seeking the quashing of the FIR No. 37 dated 22.3.1997 registered in Police Station, Mansa under Sections 21/61/85 of the NDPS Act on the ground that he is a licence holder and is authorised by the Assistant Drugs Controller, Punjab, Chandigarh to sell, stock or exhibit or offer for sale the drugs. He is the proprietor of M/s Deepak Medical Hall, Cheema Mandi, Tehsil Sunam District Sangrur. The police of Police Station, Mansa, caught hold of him on 22.3.1997 when he was holding 47 boxes of LOMOTIL tablets numbering 47,000, five boxes of Capsule Procifen numbering 720, 9 boxes of Diasapixm with 2,050 tablets, 32 boxes of Diazepam Colypose with 3,200 tablets, one box of Capsule Dextrophari with 200 tablets and five boxes of Diazepam with 5,000 tablets. It is contended that holding of such huge quantity of medicines was itself a bona fide proof that the petitioner was holding the medicines in his possession being an authorised dealer in the medicines and was not supposed at the mere sight of the police to be declared accused of Narcotics. He further contended that none of the drugs fall within the ambit of NDPS Act.

(2.) IN this regard it has been found that the licence produced by the petitioner was valid from 1.1.1996 to 31.12.1997. The objection raised by the Police that the Licence was not shown to the Investigating Officer appears to be totally false and the Investigating Officer has definitely transgressed his powers and arrested an innocent citizen without any crime having been committed by him. The Investigating Officer could have provided an opportunity to the petitioner to produce the licence and instead it is stated that they have no knowledge of the same. The functioning of the police in this way is contrary to the procedure laid down under the law and such police officers who arrest people against the provisions of law and hold them in illegal detention are to be dealt with seriously by their officers to repose confidence among the people.

(3.) IN view of such circumstances and merits of the case the first information report No. 37 dated 22.3.1997 and the subsequent proceedings thereon are quashed. However, while parting with the order, it is directed that a copy of this order be sent to the Senior Superintendent of Police, Sangrur, with a direction that he should conduct an inquiry against the Investigating Officer and the other police officials connected with the case to know as to why he or they have illegally arrested a man and registered a case without providing him an opportunity to show the licence as a proof that he is the proprietor of a medical hall and was carrying the medicines in bulk as a rightful owner. The action taken against the defaulting police officer/officials shall be conveyed to the Registry by 30th October, 1997 positively. A copy of the order be provided dasti to Mr. Tiwana, for compliance.