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 Case Digest


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Narcotic Drugs and Psychotropic Substances Act, 1985
Section 22-Narcotic Drugs and Psychotropic Substances Rules, 1985-Rule 66
Section 22-Narcotic Drugs and Psychotropic Substances Rules, 1985-Rule 66
In the opinion of the Drugs Inspector, the recovered drugs are not covered by the provisions of the NDPS Act and the same could be sold by the petitioner after following the conditions as laid down under the Drugs & Cosmetics Act, 1940 - Drugs containing psychotropic substance found in drugs recovered on raid by the police-petitioner is pharmacist and has been licenced to sell, stock or exhibit for sale or distribute biological drugs-the Drugs Inspector was not taken along by the SHO, at the time of conducting the raid at the shop premises of the petitioner. This FIR has been registered on the basis of secret information. The State has come up with the plea that the petitioner was selling the intoxicating drugs to the public by saying that the said medicines and drugs can enhance their energy and thus, cheating the people by deceitful means-the FIR in question has not been registered at the instance of a person whom the petitioner had represented that the drugs in question would boost their energy. Further, the petitioner has produced the bills/ invoices and cash memos-in the opinion of the Drugs Inspector, the recovered drugs are not covered by the provisions of the NDPS Act and the same could be sold by the petitioner after following the conditions as laid down under the Drugs & Cosmetics Act, 1940. There is no counter opinion. Thus to say the least of it, the drugs in question are covered by the provisions of the Drugs & Cosmetics Act, 1940. There is nothing on the record to show that none of the drugs contain contraband in excess of permissible limit-the provisions of NDPS Act are not attracted to the present case-petition allowed.
Tejpal Singh vs. State of Punjab and others, Punjab and Haryana High Court, 2008 (2) Drugs Cases (DC) 370

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