The strict construction of penal statutes requires that the court must interpret the words used in the statute strictly and must not strain the words to bring the act within the mischief of the statute.

M.L.SINGHAL, J.

1. This is a Criminal Misc. Petition filed under Section 482, Cr. P.C. by Rajiv Kumar whereby he has sought the quashing of FIR No. 59 dated 18-7-1996 registered at Police Station, Sirhind under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as Act of 1985) against him and consequential proceedings.

2. It has been averred by him that he is proprietor of M/s. R. K. Medical Store, New Dana Mandi, Sirhind carrying on the business of wholesale Chemists under a valid drugs licence Annexure P/1 authorising to sell, stock or exhibit (or offer) for sale or distribute by retail the categories of Drugs specified in Schedule C and C (I) excluding those specified in Schedule X to the Drugs and Cosmetics Rules, 1945 and to operate pharmacy on the premises situated at G.T. Road, Bye-pass, Sirhind Mandi, District Fatehgarh Sahib.

3. According to the prosecution, on 18-7-1996 Inspector Harbhajan Singh along with Sh. M. L. Gupta, Drugs Inspector, Fatehgarh Sahib and others raided the business premises of M/s. R. K. Medical Store, Sirhind and seized the following medicines/drugs :

1. 4 x 800 Tab. Lomotil

2. 30 x 10 Tab, Lomotil

3. 85 x 2 ml. Inj. Norphin

4. 45 x 100 ml. Syp. Phensedyl

5. 16 x 8 Cap. Proxyvon

6. 8 x 8 Cap. Spasmo Proxyvon

7. 8 x 18 Cap. Spasmo Prosyvon

8. 22 x 10 Tab. Dizapam.

4. According to the prosecution, the possession of the aforesaid drugs not being medicines/drugs was prohibited by the provisions of Section 22 of the Act of 1985 without licence or permit. For possession of these alleged Narcotics, case was registered against Rajiv Kumar. It is averred that medicines seized are not Narcotics as they are drugs under the Drugs and Cosmetics Act, 1940.

5. Item Nol. 1 Lomotil tablet is a medicine under the Drugs and Cosmetics Act, 1940 as held by this Court in Criminal Misc. No. 526-N of 1996. Item No. 3 i.e. Norphin is a manufactured drug as defined in Section 2(xi)(b) of the Act of 1985 as basic salt of Norphin Bufrenorphine. Items Nos. 5, 6 and 7 have been exempted vide Notification No. SO 826 (E) issued by the Government of India in exercise of powers conferred under Section 2, sub-clause (b) of Clause xi of item No. 87 i.e. Dextroproxyphene. Drugs Inspector, Sangrur in his report had categorically stated that item No. 8 mentioned in the seizure memo falls within the ambit of Drugs and Cosmetics Act, 1940 and not under the Act of 1985 vide report Annexure P/4. In case of manufactured drugs the provisions of Section 21 of Act of 1985 are not attracted. Act applies to certain Narcotic drugs and Psychotropic substances and not to all kinds of intoxicating substances. In nutshell, the claim of Rajiv Kumar is that these are all drugs alleged to have been seized from his possession and they fall within the mischief of Drugs and Cosmetics Act, 1940 and not within the mischief of Act of 1985. He is duly licensed to sell these drugs under a Licence Annexure P/1 issued to him by the Licensing Authority/Assistant Controller (State Drugs Controller) under the Drugs and Cosmetics Act, 1940 and the rules framed thereunder. He is authorised to keep, sell medicines to retail Chemists and further to the consumers. For prosecution under the Drugs and Cosmetics Act, 1940 complaint by the Drugs Inspector is permissible and not FIR at the instance of police.

6. This petition has been opposed by the respondent urging that drugs recovered from the possession of the petitioner falls within the mischief of Section 22 of the provisions of Act of 1985 and therefore, offence thereunder is made out. At the time of raid, petitioner failed to produce valid licence and the original bills relating to the said items. Said items were examined by the District Drugs Inspector who vide report No. 304/96 Annexure R/1 reported that items Nos. 1 to 3 are psychotropic substances and fall within the mischief of the Act and Chemists having valid licence and valid purchase till are exempted under th