AUGUSTINE GEORGE MASIH
Kashmir Chand s/o Mathura Dass – Appellant
Versus
Central Bureau of Investigation – Respondent
Augustine George Masih, J.:- Prayer in the present petition is for quashing of FIR No. R.C. SIB 2006 E 003, dated 5.2.2006 registered under Section 29 read with Sections 8 and 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 ( hereinafter referred to as ‘NDPS Act, 1985) and 27 of the Drugs and Cosmetics Act, 1940 (hereinafter referred to as ‘the D&C Act, 1940) at Police Station I/EOU.V, New Delhi (Annexure P-1) on the ground that no offence under the N.D.P.S. Act, 1985 is made out against the petitioners and for the offence under Section 27 of the D&C Act, 1940. No FIR could be registered under Section 32 of the D&C Act, 1940 and only the complaint could have been filed before the competent Court.
2. Counsel for the petitioners contends that petitioner No. 1 Kashmir Chand was the proprietor of M/s Suraj Medical Agency, Court Road, Moga and petitioner No. 2 Roshan Lal was the competent employee under the D&C Act, 1940 and the Rules, of the firm at the time when a joint raid was conducted by the Central Bureau of Investigation along with the officers of Drug Department of Punjab at the business premises where the business of medicines under Drugs License No. 54850
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