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2021 (12) TMI 1522

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...., Mr. Ashwin V. Kotemath, Adv., Mr. Anand Dilip Landge, Adv., Mr. Varun Narang, Adv., Mr. Sardar Jasbeer Singh, Adv., Mr. Rajendra Balan, Adv. For the Respondent : Dr. D.V. Rao, Adv., Mr. Rajat Nair, Adv., Mr. Shantanu Sharma, Adv., Ms. Deepabali Datta, Adv., Mr. Arvind Kumar Sharma, AOR. ORDER Leave granted. The case of the prosecution is that the Narcotic Control Burea (NCB) received secret ....

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....three years and three months. At the time of issuing notice, we had set forth the controversy in our order dated 23.09.2021. In substance, the plea of the counsel for the appellant was: a) Tramadol X-225 tablets were regularly produced as medicines but were notified as psychotropic drug by a Notification dated 26.04.2018 with a sunset clause for three months. b) It his case that the manufactur....

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.... took place after the sunset clause even if the drugs were purchased within the sunset clause. What persuades us to pass an order in favour of the appellant is the fact that despite the rigors of Section 37 of the said Act, in the present case though charge sheet was filed on 23.09.2018 even the charges have not been framed nor trial has commenced. The manufacturer who sold the drugs to the appe....