NAWAB SINGH J

1. Challenge is to the order dated October 30th, 2003 passed by Special Judge, Fatehgarh Sahib, whereby, petitioner was ordered to be charged under Section 22 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and was charge-sheeted accordingly.

2. The accusation against the petitioner was that he was proprietor of a chemist shop in the name and style M/s Kismat Medical Store, Fatehgarh Sahib. On August 5th, 2003 following drugs were recovered from his shop:-

1. 4400 capsules of Hypnodor-10

2. 790 tablets of Nitraz-10

3. 1000 tablets of Nitrazepam Enzed-10

4. 600 capsules of Parvon Spas

5. 400 tablets of Nitrazepam

6. 2000 tablets of Phenotil

7. 50 capsules of Dexavon

8. 88 capsules of Proxyvon

9. 100 injections of Norphine

3. The drugs were sent to the Forensic Science Laboratory, Punjab, Chandigarh for analysis and vide its report dated August 29th, 2003 following ingredients were found in the drugs:-

1.Nitrazepam

2.Diphenoxylate

3.Atropine Sulphate

4.Dextropropoxyphene Hydrochloride

5.Dicyclomine Hydrochloride

6.Acetaminophen/Paracetamol

7.Buprenorphene Hydrochloride

4. Learned counsel for the petitioner has urged that as pe