The central legal point established in the judgment is that possession of banned drugs, regardless of a valid drug license, falls within the purview of the NDPS Act and is not legalized by the Drugs and Cosmetics Act.

Vishnu Chandra Gupta, J.

Heard Shri Ratnesh Chandra, learned counsel for the petitioner and Mrs. Shikha Sinha, learned counsel for opposite party.

2. By means of the present petition under section 482 Code of Criminal Procedure (for short ''Cr.P.C'.), petitioner Baljeet Singh has prayed for quashing of the order dated 10.3.2014 framing of charges against the petitioner under sections 8/21,25,29 of Narcotic Drug And Psychotropic Substances Act,1985 (for short 'NDPS Act') passed by the Additional Sessions Judge, Court No. 8, Lucknow in Criminal Case No. 20 of 2014 Union of India Vs. Baljeet Singh and others as well as the entire proceeding of the above mentioned case.

3. Brief facts for deciding this petition are that on 26.8.2013 a raid was conducted on the establishment of the petitioner, wherein he was carrying business of whole sale medicines in the name and style 'M/s Simran Pharma', by a team of officials of Narcotics Control Bureau, Lucknow (hereinafter referred to as ''NCB') on the basis of secret information received that the petitioner is doing an illegal trade of drugs. The establishment of petitioner was situated in shop UGF No. 9, New Medicine Market, Aminabad, Lucknow. During the course of raid, a huge quantity of Phensedyl Cough Syrup, Spasmoproxyvon Capsules and Spasmocip Plus Capsules were found in the godown of the petitioner situated in the IInd floor of the complex in which his shop is situated. In the presence of the petitioner a recovery memo was drawn. The facts mentioned in the recovery memo reveal that following drugs were found;

1. Phensedyl Cough Syrup (Total 10,950 bottles)

62 boxes containing 100 bottles of 100 ml. in each box

95 boxes containing 50 bottles of 100 ml in each box,

2. Spasmoproxyon Capsules, total 1,08,072 Capsules

3. Spasmocip Plus Capsules, total 5,04,000 capsules

4. The petitioner was having no record of purchase and sale of such huge drugs containing Narcotic Drugs and Psychotropic Substances. The articles were seized and samples of recovered articles were sent for analysis. After investigation a complaint was filed by NCB against the petitioner, which has been annexed as annexure no. 1 to the supplementary affidavit.

5. In the complaint, it has been stated that Phensedyl Cough Syrup contains codeine phosphate, a narcotic drug and Spasmoproxyvon Capsules and Spasmocip Plus Capsules both contain dextropropoxy-phene. It is also stated in the complaint that petitioner in the statement recorded under section 67 of NDPS Act admitted illegal trafficking of the aforesaid narcotic drug and psychotropic substance. It is also stated therein that during the course of pendency of bail before the court of sessions, the petitioner filed certain documents to show the sell of the aforesaid narcotic drug and psychotropic substance to different persons, but after investigation, the same was found to be fictitious.

6. For the sake of convenience para 44 of the complaint is reproduced herein below: -

"That 1,08,072 Nos. of Spasmoproxyvon Capsules and 5,04,000 Nos. of Spasmocip plus capsules were also recovered from M/s Simran Pharma, New Medicine Market, Lucknow on 26.8.2013. These medicines contained a salt namely ''Dextropropoxy-phene' which is a '' manufactured drug' as notified at Sl. No. 87 of GOI notification No. 862 (e) dated 14.11.1985. The Central Govt. vide their notification No. 252 dated 23.05.2013 suspended the manufacture for sale, sale and distribution of drug namely ''Dextropropoxyphene and formulation containing Dextropropoxyphene for human use with immediate effect. Based on this notification, M/s Wockhardt Limited, Mumbai recalled the stock of spasmoproxyvon capsules which contained ''Dextropropoxyphene' from the market vide his circular dated 10.06.2011 . Inspite of this recall letter, Baljeet Singh, Proprietor of M/s Simaran Pharma knowingly kept these medicines in his godown in huge quantity . Keeping Spasmoproxyvon Capsules in his godown uptil 26.08.2013 (date of seizure)