CHANDAN JAIN Vs. STATE OF H P

JUDGEMENT

(1.) The present petition has been instituted under section 482 of the Code of Criminal Procedure for quashing of FIR No.65 dated 29.4.2013 registered at Police Station, Baddi, District Solan for offence under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the "Act" for brevity sake) and also order dated 10.11.2014 framing the charge under section 21 of the Act, consequent charge sheet dated 10.11.2014 and all subsequent proceedings.

(2.) "Key facts" necessary for the adjudication of this petition are that FIR No. 65 dated 29.4.2013 was registered at Police Station, Baddi against the petitioner with the allegations that petitioner alongwith Baldev Singh son of Prem Singh, resident of Ambala City was found in possession of 60 boxes of Spasmo Proxyvon capsules having Batch No. JN10154 with manufacturing date of February, 2013. Total capsules were found to be 8640 containing Dicyclomine Hydrochloride 10 mg, Dextropropoxyphene Napsilate 100 mg and Acetaminophen 400 mg. Petitioner alongwith co-accused was also found to be in possession of two boxes of Microlit tablets having 100 packets each containing 100 tablets in a box. Total number of tablets came to be 10000 having Batch No. BT1202005 with manufacturing date of February, 2012.

(3.) Ms. Jyotsna Rewal Dua, learned Senior Advocate has vehemently argued that the petitioner is real brother of Ms. Chandni Jain daughter of Sh. Gulshan Jain, proprietor of M/s Jain Medical Agency, Shop No.7, Patel Nagar, Ambala City having wholesale drugs licences in Form 20-B and Form 21-B of Schedule 'A' of the Drugs and Cosmetics Rules, 1945.