In a criminal Misc. petition filed under Section 482 CrPC seeking quashing of an FIR under the NDPS Act and IPC, the court dismissed the plea. Following a committee review which confirmed the presence of psychotropic substances and lack of licenses, the court held no ground for judicial interference existed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No. M-17196 of 2008 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No. M-17196 of 2008 (O&M) Date of Decision: 16.7.2012.
Dr. Lal Mohd.
........Petitioner
Vs.
State of Punjab and another ......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Mohd. Salim, Advocate for the petitioner.
Mr. Amandeep Singh Rai, DAG, Punjab.
SABINA, J.
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR No. 37 dated 17.3.2008 (Annexure P-1) under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('Act' for short) and Section 420 of the Indian Penal Code registered at Police Station Ahmedgarh, District Sangrur and all the consequential proceedings arising therefrom.
Vide order dated 26.9.2008, the matter was referred to the committee constituted by the State Government to see whether the case of the petitioner was covered under the Act or not.
The committee vide its report has opined as under:-
“As per Technical opinion report of the Drug Inspector, Regarding recovered medicines, contains salts of Alprazolam Sr. No. 30 PS, Chlordiazepoxide Sr. no. 36 PS and Pentzoncine Sr No. 27 PS mentioned in NDPS Act, 1985. As per record of the firm M/s Lali Medical Hall Vill. Jandali Kalan. But Petitioners Sikandar Khan and Beant
Crl. Misc. No. M-17196 of 2008 (O&M) -2-
Singh had not holding any Licenses in their name and he did not produce any licence at the time of recovery/Checking of medical store by medical team. The recovered medicines contains salts Alprazolam, Chlordiazepoxide and Pentzocine of psychotropic substances mentioned in NDPS Act 1985 at Sr. 30, 36 and 27 schedule. Hence the accused deserve to be prosecuted under NDPS Act.”
In view of the opinion of the committee, no ground for
interference is made out.
Dismissed.
(SABINA) JUDGE
July 16, 2012 Gurpreet
2 issues framed by the court
Whether the petition for quashing of the FIR and consequential proceedings under the NDPS Act and IPC stands allowed after the committee's opinion.
If the opinion of the committee constituted by the State Government leaves no ground for judicial interference.
3 provisions across 3 enactments
Dr. Lal Mohd.
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
