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SC held that dealing in "Buprenorphine Hydrochloride" constitutes an offense under Section 8 of the NDPS Act, regardless of its listing in Schedule I of NDPS Rules. The Court determined that psychotropic substances in the Act's Schedule pose significant societal risks. The decision in Sanjeev V. Deshpande is retrospectively applicable, clarifying existing law without creating a new offense. The Court found that both Trial Court and High Court erroneously discharged charges under Section 216 CrPC. Consequently, the High Court's orders were set aside, and the appeal was allowed, reinstating the original charges against the accused.
SC held that dealing in "Buprenorphine Hydrochloride" constitutes an offense under Section 8 of the NDPS Act, regardless of its listing in Schedule I of NDPS Rules. The Court determined that psychotropic substances in the Act's Schedule pose significant societal risks. The decision in Sanjeev V. Deshpande is retrospectively applicable, clarifying existing law without creating a new offense. The Court found that both Trial Court and High Court erroneously discharged charges under Section 216 CrPC. Consequently, the High Court's orders were set aside, and the appeal was allowed, reinstating the original charges against the accused.
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