TaxTMI 
TaxTMI 
2017 (12) TMI 1570
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....ng Mobile No.9043617633 containing boxes of "Zol Fresh" 13X10X10X10 tablets 13,000 tablets of 10 mgs along with Invoice No.77573, dated 23.04.2016 of M/s.PL.A.Kanagu Pharma, 10-C, Alexandria Road, Cantonment, Trichy issued in the name of M/s.Athma the Mind Center, 10th Cross East, (Dr.Ramakrishnan), Trichy were recovered in the presence of two witnesses and the "Zol Fresh" tablet containing "Zoipidem" as a psychotropic substances, as prescribed under S1.No.109 of Schedule to NDPS Act, 1985 read with Serial Nos.238 and 239ofS.O.1055 (3), dated 19.01.2001. 3.According to the prosecution, totally 13,300 tablets, it comes to 2 kgs of "Zoipidem", which is a commercial quantity as per the schedule to NDPS Act and therefore, the petitioner has been implicated in the above said offences. 4.Mr.Veerakathiravan, the learned Senior Counsel for the petitioner would submit that initially, the petitioner was arrested on the above said offences on 29.04.2016. The lower Court granted bail to the petitioner on 05.08.2016 and thereafter, the respondent filed a petition in Crl.O.P.(MD)No.14252 of 2016 for cancellation of bail granted to the petitioner. This Court, by order dated 23.08.2016, canc....
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....e or other components can be taken as commercial quantity. In the present case, as per the prosecution, the "Zoipidem" containing 130 grams. It is only a small quantity and it is not coming under the commercial quantity and the issue is pending before the Hon'ble Supreme Court. 10.He would further contend that as the contraband allegedly purchased by the petitioners is only a small quantity and not commercial quantity and considering the petitioner's health condition based on the medical records, this petition may be allowed by enlarging the petitioner on bail. 11.The learned Senior Counsel appearing for the petitioner has also relied upon the medical receipt, dated 12.12.2017, given by one Dr.L.Vijajyalakshmi, Assistant Civil Surgeon, Government General Hospital, Chennai, wherein it has been stated as follows: "He is suffering from following disease such as Chronic Pancreatitic, Triglyecides, Fundal Gastritis, Dysliploemia, Type II Diabetis, Hepatomegaly with fatty chages. For which he was undertaking treatment from 20.09.2017 to till date. He is very bad in condition and has to take complete bed rest". The learned Senior Counsel appearing for the petitio....
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....011 Baljit Singh @ Sonu Vs. State of Punjab 5000 tablets of Momolit (325 grms) 300 injections of Bruprenorphine (total 0.172 grms) Diphenoxylate 2.39 mg in each tablet Buprenorphine 0.287 mg per ml. Commercial quantity Bail dismissed 08. CRM-M 17672/2 011 Vipan Kumar Vs. State of Punjab 88000 tablets of Phenotil (8624 gram) Diphenoxylate Hydrochloride 2.4 mg in each tablet Nitrazepam 9.8 mg in each tablet Commercial quantity Bail dismissed 09. CRM-M 18406/2 011 Ram deep Singh Vs. State of Punjab 1200 tablets Anxinil (14.4grms) 720 capsules of spasmo Proxyvon (464.4grams) Alprzolam 0.48 mg in each tablet Commercial quantity Bail dismissed 10. CRM-M 19401/2011 Jaswinder singh Vs. State of Punjab 500 grms of mixture of Alprazolam Oxytocin Injections 0.27% Alprazolam (1.35 grms) 5.01 u/ml Oxytocin Commercial quantity Bail dismissed 11. CRM-M 12624/2011 Mohan Singh Vs. State of Punjab Various drug with Diphenoxylate with permissible limit of 2.5 mg in each tablet without any bill or document Diphenoxylate 2.4 mg in each tablet Commercial quantity Bail dismissed 12. CRM-M 7097/2011 ....
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....tablet form. The manufacturer of tablets containing Zolpidem tartrate should have to obtain a licence under the Drugs and Cosmetics Act and this drug, being a Schedule "H" drug, can be dispensed only on the prescription of a qualified medical practitioner. The manufacturer would give his brand name like Zolfresh as in the present case and though the active ingredient in each tablet will be Zolpidem tartrate, yet, the inactive ingredients will be: 1. Lactose 2. Cellulose 3. Sodium starch (Potato starch) 4. Silcon-di-oxide 5. Talc 6. Magnesium Stearate 7. Hypromellose 8. Polyethylene Glycol 9. Titanium-di-oxide 10. Ferric oxide (Red) All these inactive ingredients are required to hold that active ingredient, viz., Zolpidem tartrate. 15. In M.A. Jinnah's case, it was easy for the learned Judge to apply the multiplication theory, because, the drug was manufactured by the Abott Company and under the Drugs and Cosmetics Act, it was incumbent on the manufacturer to disclose the dosage strength in the strip, on account of which, 10 mg. was found to be printed on the strip. 10 mg. printed on ....
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....o illicit distributors of drugs that are manufactured licitly as in M.A. Jinna's case. The isolation theory in which the weight of Zolpidem in each tablet is taken in isolation and multiplied with the number of tablets to arrive at the total quantity in weight of the drug for the purpose of fitting it as small quantity or commercial quantity, will come as a great boon to illicit manufacturers and distributors to escape the legal dragnet. If the isolation theory is to be adopted, then, the investigating agencies can successfully prosecute only those who are illicitly distributing such drugs that are manufactured legally. 16. The following statement in paragraph 21 of M.A. Jinna's case may not reflect the correct legal position. "21. This Court would begin by informing that the opening words 'any mixture or' in Item No.239 of the table are redundant since Section 2 (xxiii) of the Act which defines 'preparation' places preparation in two distinct slots." 17. In the considered opinion of this Court, the expression "any mixture or" in Sl. No. 239 of the Notification is not redundant, because, Sl. No. 239 is a residuary clause to deal with a situ....
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....08) 2 SCC (Cri.) 558], the isolation theory was adopted in respect of heroin and only to get over that, the notification dated 19.10.2001 was amended on 18.11.2009 with the inclusion of footnote no.4 to the notification. The constitutional validity of this amendment has been upheld by a Division Bench of this Court in Sadiq Basha v. Union of India in W.P.No.28702 of 2015 dated 01.10.2015 and John Paul v. Union of India in W.P.No.28715 of 2015 dated 01.10.2015. The said amendment also came up for consideration before a Division Bench of this Court in M.Veludurain v. State, rep. by the Superintendent of Customs, Special Narcotic Cell, Nagercoil [(2012) 1 L.W.(Cri.) 70], wherein, the Division Bench held that post 18.11.2009, purity test need not be performed. In para 23 of M.A.Jinna's case, the learned Judge has stated that he finds support from the reasoning in the decision of the Apex Court in Mohd. Sahabuddin and another vs. State of Assam [(2012) 13 SCC 491], whereas, on a closer scrutiny of the said judgment, it is seen that it is opposed to the isolation theory propounded in M.A.Jinna's case, as could be seen from para nos. 10, 11 and 12 of Mohd. Sahabuddin's case wh....
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....phate is meant for human consumption, the same would certainly fall within the penal provisions of the NDPS Act calling for appropriate punishment to be inflicted upon the appellants. Therefore, the appellants' failure to establish the specific conditions required to be satisfied under the abovereferred to notifications, the application of the exemption provided under the said notifications in order to consider the appellants' application for bail by the courts below does not arise." From a reading of the above judgment, it is beyond cavil that the Supreme Court has rejected this isolation theory and has proceeded to take into consideration the entire quantity of the seized drug". 14.Mr.Arul Vadivel @ Sekar, the learned Special Public Prosecutor appearing for the respondent further submitted that the issue regarding the tablet is commercial quantity or not has already been decided by this Court and cancelled bail in Crl.O.P. (MD)No.23400 of 2016 and the bail applications relating to the other accused were also dismissed by this Court. Admittedly, the offence is grave in nature. This drug is called "Rape Drug" and prohibited in all countries. Since the earlier bail gra....