TaxTMI 
TaxTMI 
2018 (12) TMI 265
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..... 1528 of 2018 (Arising out of SLP (Crl) No.5895 of 2018) Criminal Appeal No. 1523 of 2018 (Arising out of SLP (Crl) No.5886 of 2018) Criminal Appeal No. 1527 of 2018 (Arising out of SLP (Crl) No.5894 of 2018) Criminal Appeal No. 1524 of 2018 (Arising out of SLP (Crl) No.5891 of 2018) Criminal Appeal No. 1529 of 2018 (Arising out of SLP (Crl) No.5896 of 2018) Criminal Appeal No. 1522 of 2018 (Arising out of SLP (Crl) No.5877 of 2018) Criminal Appeal No. 1533 of 2018 (Arising out of SLP (Crl) No.7223 of 2018) Criminal Appeal No. 1532 of 2018 (Arising out of SLP (Crl) No.7222 of 2018) Criminal Appeal No. 1536 of 2018 (Arising out of SLP (Crl) No.7228 of 2018) Criminal Appeal No. 1531 of 2018 (Arising out of SLP (Crl) No.7221 of 2018) Criminal Appeal No. 1534 of 2018 (Arising out of SLP (Crl) No.7225 of 2018) And Criminal Appeal No. 1535 of 2018 (Arising out of SLP (Crl) No.7227 of 2018) Justice N. V. Ramana, Justice Mohan M. Shantanagoudar And Justice M. R. Shah JUDGMENT N.V. RAMANA, J. 1. Leave granted. 2. The present appeals are filed by the State having been aggrieved by the common judgment and order dated 29th January, 2018 passed by the High Court of Punjab and Ha....
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.... 7. CRA¬ S¬323¬ SB¬ 2015 Munish Kumar 15 Vials of Rexcof U/s 22 of NDPS Act - 10 years RI & Rs. 1.00 lac fine. Judge, Special Court, Bathinda - 09.01.2015 8. CRA¬ S¬200¬ SB¬ 2017 Gudawar Ram @ Gabbu 60 gms intoxicating powder containing Diphenoxylate salt U/s 22 of NDPS Act - 10 years RI & Rs. 1.00 lac fine. Judge, Special Court, SBS Nagar - 09.12.2016 9. CRA¬ Baljinder 7500 mls of Corex U/s 22 of Judge, S-766¬ SB¬ 2017 Singh @ Banty syrup containing Codeine phosphate NDPS Act - 10 years RI & Rs. 1.00 lac fine. Special Court, Sangrur - 20.12.2016 10. CRA¬ S¬ 1413¬ SB¬ 2017 Sukhraj Kaur @ Raj 120 bottles of Rexcof containing Codeine phosphate U/s 22 of NDPS Act - 10 years RI & Rs. 1.00 lac fine. Judge, Special Court, Sangrur - 08.03.2017 11. CRA¬ S¬ 4055¬ SB¬ 2016 Gurpreet Singh @ Gopi 25 gms Heroin & 250 gms intoxicating powder containing Alprazolam U/s 21 of NDPS Act - 10 years RI & Rs. 1.00 lac fine. J....
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....umar; 400 tablets weighing 31.200 gms from Paramjit Singh @ Pamma U/s 22 of NDPS Act - 10 years RI & Rs. 1.00 lac fine. Judge, Special Court¬III, Ferozepur - 27.01.2014 21. CRA¬ S¬ 4894¬ SB¬ 2015 Akash Kumar 3500 mls containing Codeine Phosphate U/s 22 of NDPS Act - 10 years RI & Rs. 1.00 lac fine. Judge, Special Court, Sangrur - 16.10.2015 22. CRA¬ S¬ 2574¬ SB¬ 2017 Satnam Singh 20 vials of Rexcof containing Dextropropoxyphene U/s 22of NDPS Act - 10 years RI & Rs. 1.00 lac fine. Judge, Special Court, Faridkot - 06.07.2017 23. CRA¬ S¬ 1616¬ SB¬ 2017 Amit Kumar Mehta 2000 tablets containing Diphenoxylate Hydrochloride U/s 22 of NDPS Act - 10 years RI & Rs. 1.00 lac fine. Judge, Special Court, Patiala - 01.03.2017 24. CRA¬ S¬185¬ SB¬ 2017 Gurjant Singh @ Janta 60 gms intoxicating powder containing Diphenoxylate U/s 22 of NDPS Act - 10 years J RI & Rs. 1.00 lac fine. Addl. Sessions udge, Tarn Taran - 20.10.2016 25. CRM¬ M¬ 23054¬....
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....ing a license for the same, has committed an offence which is liable to be prosecuted under the N.D.P.S Act. The counsel further submitted that, the High Court was correct to conclude that, it can be considered as a violation of the provisions of the Drugs and Cosmetics Act, 1940. Therefore, there was no error in granting the relief of suspension of sentence, considering that the appeals are not going to be adjudicated in the near future. 7. Heard the learned counsel for both the parties. 8. At the outset it is essential to note the objectives of the two legislations before us, i.e., the Drugs and Cosmetics Act, 1940 and the N.D.P.S Act. The Drugs and Cosmetics Act, 1940 was enacted to specifically prevent substandard drugs and to maintain high standards of medical treatment. (See Chimanlal Jagjivandas Sheth v. State of Maharashtra AIR 1963 SC 665) The Drugs and Cosmetics Act,1940 was mainly intended to curtail the menace of adulteration of drugs and also of production, manufacture, distribution and sale of spurious and substandard drugs. On the other hand, the N.D.P.S Act is a special law enacted by the Parliament with an object to control and regulate the operations relatin....
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.... lakh rupees, if the recovered substance amounts to commercial quantity. However, the proviso appended thereto empowers the Court, with a discretionary power to impose a fine exceeding two lakh rupees for reasons to be recorded in the judgment. 11. In the present case, the accused respondents were found in bulk possession of manufactured drugs without any valid authorization. The counsel on behalf of the appellant State has extensively stressed that the actions of the accused Respondents amounts to clear violation of Section 8 of the N.D.P.S Act as it clearly prohibits possession of narcotic substances except for medicinal or scientific purposes. In furtherance of the same, the counsel on behalf of the appellant State has put emphasis on the judgment rendered by this court in the case of Union of India vs. Sanjeev V. Deshpande (supra), wherein it was held that: "25. In other words, DEALING IN narcotic drugs and psychotropic substances is permissible only when such DEALING is for medical purposes or scientific purposes. Further, the mere fact that the DEALING IN narcotic drugs and psychotropic substances is for a medical or scientific purpose does not by itself lift the ....