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    <title>2009 (5) TMI 918 - DELHI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=175981</link>
    <description>Preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 is available only where the person is engaged in &quot;illicit traffic&quot; within Section 2(e), meaning activity not permitted by the NDPS Act, its rules, or any licence or authorisation. Reading Section 8(c) of the NDPS Act with Rules 53 and 58 of the NDPS Rules, the Court noted that export prohibition under Rule 53 is confined to psychotropic substances in Schedule I, and Rule 58 cannot enlarge that prohibition to all psychotropic substances listed in the Act. As the substances were used for medical purposes and did not fall within Schedule I, the alleged activity was not shown with certainty to be prohibited. The detention orders were therefore invalid and set aside.</description>
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    <pubDate>Wed, 06 May 2009 00:00:00 +0530</pubDate>
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      <title>2009 (5) TMI 918 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=175981</link>
      <description>Preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 is available only where the person is engaged in &quot;illicit traffic&quot; within Section 2(e), meaning activity not permitted by the NDPS Act, its rules, or any licence or authorisation. Reading Section 8(c) of the NDPS Act with Rules 53 and 58 of the NDPS Rules, the Court noted that export prohibition under Rule 53 is confined to psychotropic substances in Schedule I, and Rule 58 cannot enlarge that prohibition to all psychotropic substances listed in the Act. As the substances were used for medical purposes and did not fall within Schedule I, the alleged activity was not shown with certainty to be prohibited. The detention orders were therefore invalid and set aside.</description>
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      <pubDate>Wed, 06 May 2009 00:00:00 +0530</pubDate>
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