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 Case Digest


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Narcotic Drugs and Psychotropic Substances Act, 1985
Section 20-Prosecution under
Section 20-Prosecution under
- each one of the accused is alleged to be in possession of some psychotropic substance mentioned in the Schedule to the Act. Eventually, the question is whether persons accused of committing an offence under the Act could be enlarged on bail in view of the stipulations contained under Section 37 of the Act. In some of these cases, bail was granted by the concerned High Court and in some cases, bail was rejected — on the analysis of the provisions of chapters VI and VII of the 1985 Rules, Court is of the opinion, both these Chapters contain Rules permitting and regulating the import and export of narcotic drugs and psychotropic substances other than those specified in the Schedule-I to the 1985 Rules subject to various conditions and procedure stipulated in Chapter VI. Whereas Chapter VII deals exclusively with various other aspects of DEALING IN psychotropic substances and the conditions subject to which such DEALING IN is permitted — both Rules 53 and 64 are really in the nature of exception to the general scheme of Chapters VI and VII respectively containing a list of narcotic drugs and psychotropic substances which cannot be dealt in any manner notwithstanding the other provisions of these two chapters — neither Rule 53 nor Rule 64 is a source of authority for prohibiting the DEALING IN narcotic drugs and psychotropic substances, the source is Section 8. Rajesh Kumar Gupta’s case in Court's view is wrongly decided — the complete analysis of the implications of Section 80 (Section 80. Application of the Drugs and Cosmetics Act, 1940 not barred — the provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder.) of the Act is not really called for in the instant case. It is only required to be stated that essentially the Drugs & Cosmetics Act, 1940 deals with various operations of manufacture, sale, purchase etc. of drugs generally whereas Narcotic Drugs and Psychotropic Substances Act, 1985 deals with a more specific class of drugs and, therefore, a special law on the subject — further the provisions of the Act operate in addition to the provisions of 1940 Act — the fact that most of these matters are old matters [pertaining to years 2006 to 2013], Court deems it appropriate to remit all these matters to the concerned High Courts for passing of appropriate orders in the light of this judgment.
Union of India and Another Appellants versus Sanjeev V. Deshpande Respondents, Supreme Court of India, Criminal Appeal No. 660 of 2007, D/d 12.8.2014

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