Vikas Mangal Vs State of Punjab

High Court Of Punjab And Haryana At Chandigarh 1 Sep 2010 Criminal Miscellaneous No. M-25615 of 2010 (O and M) (2010) 09 P&H CK 0142
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous No. M-25615 of 2010 (O and M)

Hon'ble Bench

Sabina, J

Acts Referred
  • Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 22

Judgement Text

Translate:

Sabina, J.@mdashThis petition has been filed for quashing of FIR No. 119 dated 2.9.2009 registered at Police Station Zira District Ferozepur u/s 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985) (for short the ''NDPS Act'') and the subsequent proceedings arising therefrom.

2. Allegation of the prosecution is that the petitioner was involved in dealing with manufactured drugs and preparation of psychotropic substances without any licence or permit.

3. The case set up by the petitioner is that he along with his brother was partner of M/s Mangal Medical Agencies and the said firm was holding a valid licence to possess and sell the medicines as mentioned in the FIR and therefore, he has been wrongly implicated.

4. Learned Counsel for the petitioner has submitted that a large number of cases of similar nature pending in this Court have been referred to a committee constituted by the State to go into all such matters and see in case any offence under the NDPS Act is made out in those cases where the recovery of drugs is involved and specially when these persons are having licence to run Chemist shop and proceedings in these cases are being regulated on the basis of recommendation of the said committee. The counsel has accordingly, prayed that the present case may also be referred to the said Committee and the outcome of the case be determined on the basis of its recommendation.

5. Since all these issues can be gone into by the Committee constituted, as aforementioned, the request made by the counsel for the petitioner is genuine. Accordingly, the present petition is referred to the Committee so constituted, which shall go into the allegations contained in the FIR and see if any offence under the NDPS Act, is made out or not. The Committee is requested to decide the case within a period of six months.

6. In the meanwhile, the proceedings on the basis of FIR in question, qua the petitioner, are stayed.

7. The hearing of the present petition is adjourned sine die. The report of the Committee be placed on record as soon as it is available for taking further action in the matter.

8. The counsel for the petitioner undertakes to revive this petition after fifteen days from the day when the Committee decides the matter of the petitioner.

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