The accused must prove that dealing in psychotropic substances meets legal standards for medical or scientific use, including adherence to licensing requirements, as outlined in the N.D.P.S. Act.

JUDGMENT :

ALOK MAHRA, J.

1.The present application under Section 482 Cr.P.C. has been preferred by the applicant, seeking quashing of entire proceedings of S.S.T. No. 26 of 2004, arising out of Case Crime No. 303 of 2004, registered under Sections 224& 420 of the Indian Penal Code, and Section 8 read with Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 4 read with Section 7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, (for short‘Drugs and Magic Remedies Act’), registered at Police Station Rishikesh, District Dehradun.

2. Facts, giving rise to the present application, are that, on 03.08.2004, the premises of Neeraj Clinic Private Limited, of which the applicant is Director, was raided by the police team. During the course of raid, a large quantity of restricted psychotropic substances was recovered from the clinic. As a consequence, thereof, an F.I.R. was lodged at Police Station Rishikesh, being Case Crime No. 303 of 2004, under Sections 8/22 of the N.D.P.S. Act and Sections 147, 323, 504, 506, 353, 332, 224, 427, and 420 of the I.P.C. and Section 7 of the Criminal Law Amendment Act.

3. According to the applicant, apart from him, several other co-accused persons, including registered medical practitioners holding degrees such as M.B.B.S. and B.A.M.S., were shown to be involved in the commission of the alleged offences; that, the aforesaid medical practitioners were purportedly engaged at the applicant’s clinic; that, the applicant was arrested on 13.08.2004 and, after conclusion of investigation, Chargesheet No. 282 of 2004 was submitted on 08.12.2004 against 15 accused persons, including the applicant. The bail application of the applicant was initially rejected by learned Special Judge (NDPS), Dehradun. Subsequently, charges were framed against the applicant on 30.07.2005 under Sections 8/22 of the N.D.P.S. Act, Sections 224 and 420 I.P.C., and Sections 4/7 of the Drugs and Magic Remedies (Objectionable Advertisements) Act.

4. The applicant thereafter filed Bail Application No. 917 of 2005, which was allowed by a Coordinate Bench of this Court vide order dated 28.09.2005. Thereafter, State of Uttarakhand challenged the bail order before the Hon’ble Supreme Court by filing SLP (Criminal) No. 5345 of 2005, in which the Hon’ble Supreme Court, vide its judgment dated 14.11.2005, remanded the matter back to this Court to reconsider the bail application of the applicant with regard to applicability of provisions contained in Sections 8 and 37 of the N.D.P.S. Act.

5. Thereafter, this Court heard the bail application of the applicant vide order dated 02.12.2005 and granted bail to the applicant, thereafter, the State approached the Hon’ble Supreme Court by filing another SLP, challenging the order dated 02.12.2005, by which bail was granted to the applicant. The Hon’ble Supreme Court rejected the said SLP and affirmed the order dated 02.12.2005. Thereafter, the applicant filed this C-482 Application, seeking quashing of criminal proceedings pending against the applicant in the Court of learned Special Judge (N.D.P.S.), Dehradun, which was disposed of by the Coordinate Bench of this Court vide judgment dated 15.09.2009, whereby the proceedings against the applicant for the offences punishable under Section 8/22 of the N.D.P.S. Act were quashed and the remaining proceedings were directed to continue.

6. Aggrieved by the said judgment, the State preferred a Special Leave Petition (Crl.) No.10144 of 2009 before the Hon’ble Supreme Court, which, upon grant of leave, allowed the said Crimi