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2014 Supreme(All) 3863

AJAI LAMBA
Ashok Kumar Thru (Brother) Rakesh Kumar Pawar – Appellant
Versus
Union of India Thru Ministry of Home New Delhi – Respondent


Advocates Appeared:
For the Applicant :- Vikas Singh, Advocate.
For the Opposite Party :- A.S.G., Shikha Sinha, Advocate.

JUDGMENT

Ajai Lamba, J.

The question posed to this Court is whether Possession of 'Phensedyl Cough Syrup' (containing Codeine, an opium derivative), manufactured by a licenced manufacturer, stocked by a licenced stockist in licenced premises would constitute an offence, punishable under Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "N.D.P.S. Act) ?

2. The petitioner Ashok Kumar has filed this petition under Section 482 of the Code of Criminal Procedure (for short "Cr.P.C.") to seek quashing of proceedings of Complaint Case No.20 of 2014 titled "Union of India through Intelligence Officer, Narcotic Control Bureau, Lucknow (for short 'N.C.B.') v. Baljeet Singh and another', under Sections 8, 21, 25 and 29 of the N.D.P.S. Act. The petition also prays for quashing of order dated 10.3.2014 passed in the above noted case by Additional District and Sessions Judge- VIII, Lucknow, by means of which charges have been framed against the petitioner for commission of offence under Sections 8, 21 and 29 of the N.D.P.S. Act.

3. Facts giving rise to filing of this petition are that on 26.08.2013, a raid was conducted by a team of officials of Narcotic Control Bureau at the premises






















































































































































































































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