Charanjit Singh and others vs State of Punjab

Paramjeet Singh J.—The present petition has been filed by the petitioner u/s 482 of the Code of Criminal Procedure for quashing of FIR No. 117 dated 19.10.2010 registered at Police Station Bhadaur, District Barnala, under Sections 22/61/85 of the Narcotic Drugs and Psychotorpic Substances Act, 1985 and 61 of the Punjab Excise Act and also charge-sheet order dated 24.10.2011 (Annexure P-2) with all the subsequent proceedings arising out therefrom. Learned counsel for the petitioners contends that all the medicines recovered from the petitioner are scheduled drugs which fall under the Schedule (H) of the Drugs and Cosmetics Act, 1940 and hence the same are governed by Drugs and Cosmetics Act, 1940. He further contends that recovery of 6500 intoxicant tablets and 21/4 bottles of illicit liquor does not fall under the purview of Narcotic Drugs and Psychotorpic Substances Act, 1985 and therefore, the present FIR be quashed.

On the other hand, learned Counsel for the State, after seeking instructions from Head Constable Bhala Singh, Police Station Tapa, District Barnala, submits that during trial of this case, all the prosecution witnesses have been examined and case is now fixed for arguments on 22.08.2012. Having heard learned counsel for the parties and keeping in view the gravity of the offence as also the fact that all the prosecution witnesses have been examined and case is now fixed for arguments, no ground for quashing of FIR as well as the charge-sheet order dated 24.10.2011 (Annexure P-2) and subsequent proceedings arising out of it, is made out at this stage. Accordingly, the petition for quashing of FIR in question as well as charge-sheet order dated 24.10.2011 (Annexure P-2) and all the subsequent proceedings arising out therefrom, is dismissed.