JAWAHAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present revision petition has been filed by the petitioner challenging the order dated 3.9.2011 passed by the learned Special Judge, N.D.P.S. Cases, Sri Ganganagar in Sessions Case No. 26/2011, whereby, he has framed the charge against the petitioner for offence under Section 8/22 of the N.D.P.S. Act.

(2.) Assailing the order of framing charge, learned counsel for the petitioner submits that in this case, the recovery which has been made from the petitioner is of pharmaceutical drugs i.e. medicines and, thus, charge for offence tinder Section 8/22 of the N.D.P.S. Act has wrongly been framed against the petitioner.

(3.) Learned counsel for the petitioner submits that though the medicines i.e. Spasmo-Proxyvon capsules, Alprazolam tablets and Parvon Spas tablets have been recovered from the house of the petitioner but simply the recovery of the medicines by itself cannot be a ground for framing charge against the petitioner. He submits that the petitioner is a licensed pharmacist and mere possession of the medicines at his house cannot make the petitioner liable for the charge under the N.D.P.S. Act. It has also been submitted that i.e. possession of the tablets is otherwise also been submitted that the possession of the tablets is otherwise also not an offence under the Act because the medicines which have been recovered are over the counter drugs. Even if the possession of the said drugs is illegal, then also, the prosecution against the petitioner at best could have been launched for the offence tinder the Drugs and Cosmetics Act.