TEJPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by Tejpal Singh sole proprietor of M/s T.S. Medical Store, Moga Road, Shahkot, District Jalandhar under Section 482 of Code of Criminal Procedure seeking quashment of FIR No. 93 dated 30th May, 2007, registered under Sections 420, 188 of Indian Penal Code, Section 22 of the Narcotic Drugs and Psychotropic Substances, Act, (for short 'the NDPS Act') at Police Station Shahkot, Jalandhar.

(2.) THE facts in brief giving rise to this petition are that the petitioner is a Pharmacist, registered under Section 32(2) of the Pharmacy Act, 1948 vide Certificate No. 26139 valid upto 31st December, 2008. He has been issued five years drug licence No. 19440 NB and 19440 B dated 5th August, 2004 valid upto 4th August, 2009 for selling the retail medicines by State Drug Controlling and Licensing Authority, Punjab, Chandigarh alongwith an identity card. On 30th May, 2007, Station House Officer, Police Station Shahkot, District Jalandhar raided his shop and recovered the following medicines and empty boxes/strips vide seizure/recovery memo, which are reproduced below :

(3.) IN reply filed by way of affidavit of Sh. Daljinder Singh Dhillon, PPS/DSP Sub Division Shahkot, District Jalandhar on behalf of respondents Nos. 1 and 2, it has been averred that the case is now fixed for recording the evidence of the prosecution witnesses on 11th April, 2008; that the petitioner had not challenged the order of framing of the charges against him and had filed the present petition for quashment of the FIR in question; that the petitioner is selling intoxicating drugs to the public by saying that the said medicines and drugs can enhance their energy and thus, cheating the people by deceitful means; that the dates of some of the drugs and injections had since been expired but even then petitioner was keeping the same. That the storage of dangerous drugs come under the commission of offence under Section 22 of the NDPS Act and the petitioner had not produced any license at the time of the raid; that Dr. Sukhjit Kaur Medical Officer, was joined in the party; that the petitioner had not produced any bills, invoices and cash memos during the investigation of the case and in these circumstances this petition may be dismissed with costs.