The possession and sale of drugs and substances that fall within the excepted category of "manufactured drugs" and "psychotropic substances" under the Narcotic Drugs and Psychotropic Substances Act, 1985, and are covered by a valid Drug Licence under the Drugs and Cosmetics Act, 1940, do not constitute an offence under the Narcotic Act.

1. This petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing F.I.R. No. 5 dated 6-1-1994, registered at Police Station, Moga, for an offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Narcotic Act).

2. The facts necessary for the disposal of this petition are that the petitioners are partners in Firm M/s. Goyal Sales Corporation and are carrying on the business of chemist and druggists at Court Road. Moga, having Drug Licence No. DL-20-B-787600 Nos. 21-B 764800 valid upto 31-12-1993, having applied for renewal vide Challan No. 1255573, dated 25-1-1994 (Annexure P. 1). They have also Sales Tax and Central Sales Tax No. 15 80908411, dated 19-12-1991 (Annexure P. 2). They are authorised stockists of a number of companies dealing in wholesale medicines having huge stocks to be supplied to the retailers for further sale to the consumers vide Annexure P. 2.

3. On 6-1-1994, Inspector Jasbir Singh, along with his companion, after getting secret information, raided certain premises and recovered certain drugs and injection ampules from a room alleged to be in the occupation of one Tarsem Lal son of Babu Ram. Samples were drawn from very lot of drugs and injections and the same were converted into 19 sealed packets. A case under Section 21 of the Narcotic Act was registered against the petitioners. The sample parcels were sent to the Forensic Science Laboratory, Punjab, Chandigarh, and the report dated 29-3-1994 has been received.

4. The petitioners have challenged the registration of the case in the present petition on the g round that none of the drugs or injections seized from the possession of the petitioners falls within the category of either Narcotic Drugs or Psychotropic Substances punishable under the Narcotic Act, but fails under the excepted category or is/are covered by the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the Drugs Act) for which they possess a valid licence.

5. In their return, the respondents have denied their knowledge if the petitioners are licensed Chemists under the Act. It has been stated that the contraband articles were recovered and were seized in accordance with law, that the petitioners are not authorised to keep the recovered medicines, that the recovered articles were stored at an unauthorised place owned by one Tarsem Lal and in any case the petitioners are liable to be prosecuted.

6. Along with their return, the respondents have filed F.S.L. report dated 29-3-1994 (Annexure R. 1).

7. I have heard the learned counsel for the parties and have, perused the record. The seized articles, as contained in 19 parcels, described in the FSL, report (Annexure R. 1) can be enumerated as under :-

1) Binorfin injections.2) Deprovon-N Capsules.3) Capapose capsules.4) Lomotil Tablets.5) Diazepam tablets.6) Norphin injections.7) Buta Proxyvon Capsules8) Proxyvon Capsulces.9) Dionindon Tablets.10) Cavisoma Tablets.11) Codeine Sulphate Tablets.12) Subhimol Tablets.13) Phensedyl Liquid.14) Proxyphen-N Capsules.15) Dextrovon Capsules.16) Sudhinol Tablets.17) Phensedyl Liquid.18) Fortwin Injections, and19) Codeine Sulphate.The question for decision is as to whether any of the above drugs or substances fall within the definition of "manufactured drug" or "psychotropic substance" made punishable under the Narcotic Act. If any of these drugs or substances does not fall within the ambit of the said two expressions, or is excepted by the Act or any rule framed thereunder or any notification or order issued thereunder, no prosecution can be launched therefore under the Narcotic Act. It may be clarified that if there is any breach or violation of any provision of the Drugs Act or the Rules made thereunder, a police officer has got no power to seize any such drug or injection, nor he has got any power to register a case and to investigate the same. It is only a Drug In