1996 (4) TMI 447

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.... Phensedyl intoxicating medicine of 125 ml each. A sample of 25 ml. was drawn from each of the said bottle The sample bottles and the remaining bottles were sealed with the seal of TS and were seized by preparing a seizure memo. On the basis of a ruqa sent by Sub-Inspector, a case under Section 21 of the Act has been registered. The sample parcels were sent to the office of the Forensic Science Laboratory and the report dated 16-5-1995 has been received. As per report each sample was found to contain Codeine Phosphate 9.5 mg/5 ml. 3. It has been stated in the petition that the petitioner is the holder of Drug Licence No. 674-OB and 457-B to carry on his business of a retail chemist under the name and style of M/ Guru Nanak Medicose, Mudk....

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....9.5 mg/5 ml. which is equivalent to one dosage. 7. Section 21 of the Act provides for punishment for contravention in relation to manufactured drugs and preparation The term "manufactured drug" has been defined by Section 2(xi) to mean inter alia a narcotic substance or preparation which the Central Government may by notification in the Official Gazette declared to be a manufactured drug. In exercise of the powers conferred by Sub-clause (b) of Clause (xi) of Section 2 of the Act, the Central Government declared certain narcotic substances and preparations mentioned in the Notification No. 0.826(E), dated 14-11-1985. The substance/preparation mentioned at Serial No. 35 of this Notification reads as under :- Methyl Morphine (commonly k....

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....in question is being widely used for intoxicating purposes by students, teenagers and other addicts; that the petitioner was indulging in the sale of such drugs without prescription of the doctor to the addicts and he could not produce the purchase bill/ cash memo and the licence required for the sale of such item, and as such the petitioner is liable under Section 21 of the Act. 10. The aforesaid argument of the learned State counsel is misconceived. If the petitioner sells any drug to a person in contravention of licence granted to him or that he fails to produce the bill/cash memo or the licence for the sale of such item, he can be proceeded against under the provisions of the Drugs and Cosmetic Act, 1940 by the Drug Inspector in acco....