V. K. Jhanji, J.

1. This petition under Sec.482 Cr. P. C. is for quashing the proceedings initiated against the petitioner under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 1985 Act) read with Sec.18 of the Drugs and Cosmetics Act, 1940 (for short the 1940 Act) and the subsequent proceedings thereon.

2. F. I. R. No.4 dated 24-1-1995, P. S. City Kotkapura was registered against the petitioner on the allegation that Niranjan Kumar son of Han Chand has stored a large quantity of drugs-narcotics without permit in his residential house and in another room owned by Ram Chand but on rent with the petitioner. Further, it was alleged that in case a raid is conducted, large quantity of drugs and narcotics can be recovered from his possession. On this information, the residential premises of the petitioner and the room on rent with him were raided and the medicines detailed in Annexure P-2 to the petition were recovered.

3. Learned counsel for the petitioner has contended that even accepting the case of the prosecution in toto, no case under the 1985 Act has been made out as the tablets of Ethyl Morphine commonly known