TaxTMI 
TaxTMI 
2014 (1) TMI 1972
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....ned Single Judge in Inderjeet Singh @ Laddi v. State of Punjab CRM No.M- 13140; Ravinder Singh @ Rinku v. State of Punjab CRM No. M-1379 of 2013; Rani v. State of Punjab CRM No. M-14461 of 2012 and Mohd. Shamshad v. State of Punjab CRM No. M-20282 of 2012. 2. In Inderjeet Singh @ Laddi v. State of Punjab (Crl. Misc. No. M-13140 of 2012), the petitioner was apprehended with the following 'manufactured drugs' as per the report of the Forensic Science Laboratory ("FSL" - for short):- a) 30 Rexcof bottles containing 5.88 gms of codeine. b) 1500 Momolit of tablets containing 3.45 gms of diphenoxylate. c) 500 Phenotil tablets containing 1.1 gms diphenoxylate. d) 150 Parvon Spas capsules containing 9.70 gms of dextropropoxyphene. 3. It is contended on behalf of the petitioner on the strength of two judgments of this Court in Baljit Singh v. State of Punjab, 2003 (1) Criminal Court Cases 4 (P&H) and Manjit Singh v. State of Punjab, 2011 (1) RCR (Crl.) 907 (P&H) that the substances allegedly recovered from the petitioner being 'manufactured drugs' do not come within the purview of the Narcotic Drugs and Psychotropic Substances Act, 1....
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....as follows as per analysis report:- Diphenoxylate Hcl. Positive Avg. Wt. 0.0741 gms Assay for - Diphenoxylate Hcl. 2.445 mg/Tab 8. As per observations made by the analyst the sample contained Diphenoxylate Hcl. 9. In his application for bail it is contended on behalf of the petitioner Ravinder Singh @ Rinku that insofar as the recovery of Dextropropoxyphene and Diphenoxylate is concerned, both of them would fall within the ambit of 'manufactured drugs' as defined in Section 2 (xi) of the NDPS Act. The definition of 'manufactured drug' it is stated would reveal that the Central government can notify any narcotic substance to be a manufactured drug in pursuance of Section 2 (xi) NDPS Act. It is stated that a notification was issued by the Ministry of Finance, which was published in Gazette of India, Extraordinary, Part II, Section 3, Sub Section (ii) dated 14.11.1985 whereby certain narcotic substances and preparation were declared to be manufactured drugs. According to the petitioner Ravinder Singh alias Rinku, a perusal of the said notification would show that Dextropropoxyphene and Diphenoxylate have been declared to be manufact....
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....c Drugs and Psychotropic substances. Therefore, according to the petitioner Mohd. Shamshad no offence under the NDPS Act is made out in this case. 12. In the reply filed by way of affidavit Sh. Bimal Kumar PPS, Deputy Superintendent of Police, Sub Division, Malerkotla, District Sangrur in Mohd. Shamsad's case (supra) it is stated that though the petitioner has a licence, however, he has no right to sell intoxicant substance in an open public place. Two bottles of liquid intoxicating substance and 500 capsules of Parvon Spas were recovered from the possession of the petitioner Mohd. Shamsad in the area of Kuti Road Mandir, Malerkotla in the jurisdiction of Malerkotla. In terms of the report dated 3.10.2012 of the Assistant Director (Toxicology), FSL, Punjab, the ingredients of recovered liquid intoxicant substance was reported to be Codeine Phosphate 5.6 mg/5ml and the capsules were reported to be Dextropropoxyphene Hydrochloride 64.8 mg/capsule and these salts are mentioned at Sub-Clause (viia) and (xxiiia) of Section 2 of the NDPS Act at Serial Nos.28 and 33 respectively of the Table specifying small quantity and commercial quantity in the NDPS Act as has been issued by the....
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....1993, which fall within any of the exceptions mentioned therein then these are also liable to be tried under the D&C Act only. This, it is submitted, is the combined effect of reading Sections 16, 17, 17-A, 17-B and 18 of the D&C Act and Rules 97, 104, 104-A and 105 of the 1945 Rules, which provide for standards to be maintained under the D&C Act and violation thereof is an offence under Section 18 of the D&C Act. There is no provision under the NDPS Act which prescribes for such an offence to be tried under the said Act. It is submitted that if any drug/psychotropic substance recovered from any unauthorized person and is covered by Schedule I of the Narcotic Drugs and Psychotropic Substances Rules 1985 (as amended) ("NDPS Rules" - for short), then it is to be tried under the NDPS Act and if such drug and psychotropic substance is not covered by Schedule I of the NDPS Rules as provided under Rule 64 of the NDPS Rules then it is liable to be tried under the D&C Act. 15. In response, learned State counsel have submitted that the menace of drugs is so rampant in this part of the country that it is to be curbed with a heavy hand. It is submitted that the provision of the NDPS Act an....
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....s nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug;" (emphasis added). 19. Therefore, the Central Government may by notification in the official Gazette, declare any other narcotic substance or preparation to be a 'manufactured drug'. (xxiii)"psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule;" 20. Psychotropic substance has been defined to mean any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule to the NDPS Act. 21. In terms of clause (b) of Section 2 (xi) NDPS Act relating to 'manufactured drug', any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any international convention, by notification in the official Gazette, declare to ....
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....d the 1945 Rules. Section 27 of the D&C Act provides for penalty for manufacture, sale etc. of drugs in contravention of Chapter IV. Section 27A provides for penalty for manufacture, sale etc. of cosmetics in contravention of Chapter IV. Section 28 provides for penalty for non-disclosure of the name of the manufacturer etc. Section 28A provides for penalty for not keeping documents etc. and for non-disclosure of information. Section 28B provides penalty for manufacture etc. of drugs or cosmetics in contravention of Section 26A which relates to the power of Central Government to prohibit manufacture etc. of drugs in public interest. Section 29 provides for penalty for use of Government Analyst's Report for advertising. Section 30 relates to penalty for subsequent offences. Section 32 deals with cognizance of offences. Section 32B relates to compounding of certain offences. The violation of the 1945 Rules, therefore, entails penalty in terms of aforesaid provisions. As against this, the NDPS Act is an act to consolidate and amend the law relating to narcotic drugs to make it comprehensive, besides, provide for stringent provisions for the control and regulation of operations rela....
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.... manufacturer, shall specify, by order, the limit of the quantity of such substance which may be manufactured by the manufacturer in the State. (3) The quantity of the said psychotropic substance which may be manufactured by a licensee in an year shall be intimated by the Licencing Authority to the licensee at the time of issuing the licence: Provided that nothing contained in this rule shall apply in case the psychotropic substances specified in Schedule I are manufactured, possessed, transported, imported inter-State, exported inter-State, sold, purchased, consumed or used subject to other provisions of this Chapter which applies to psychotropic substances which are not included in Schedule I and for the purposes mentioned in Chapter VII A: Provided further that the authority in charge of the drug control in a State referred to in sub-Rule (2) of Rule 65 shall consult the Narcotics Commissioner before issuing a licence under Rule 65 in respect of psychotropic substances included in Schedule I [and Schedule III] 65A. Sale, purchase, consumption or use of psychotropic substances - No person shall sell, purchase, consume or use any psychotropic su....
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....tions, except those which are compounded with one or more other ingredients and containing not more than 100 milligrams of the drug/per dosage unit and with concentration of not more than 2.5 per cent in undivided preparations and which have been established in therapeutic practice. (36) Dihydrocodine and Acetyldihydrocodeine, other derivatives of Dihydrocodeine and their salts such as, Paracodine and Acetyl Codone and the like, all dilutions and preparations, except those which are compounded with one or more other ingredients and containing not more than 100 miligrames of the drug per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations and which have been established in therapeutic practice. (37) Beta-4 - Merphylinylethylmorphine (also known as Homocodeine, Hybernil, Pholcodine and the like) and its salts; and dilutions and preparations, except those which are compounded with one or more other ingredients and containing not more then 100 milligrams of the drug per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations and which have been established in therapeutic practice. (....
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.... substances containing any of these drugs, except preparations for oral use containing not more than 135 milligrams of Dextropropoxyphene base per dosage unit or with a concentration of not more than 2.5 per cent in undivided unit or with a concentration of not more than 2.5 per cent in undivided preparations, provided that such preparations do not contain any substances controlled under the Convention on Psychotropic Substances, 1971. 26. Thereafter, the Central Government vide notification dated 29.1.1993 has notified 17 more drugs as "manufactured drugs". In all 105 drugs have been notified as "manufactured drugs" by the Central Government. Most of the drugs that have been notified by the Central Government as "manufactured drugs" are covered under Scheduled 'H' of the 1945 Rules. Section 3 (b) of the Drugs and Cosmetics Act defines 'drug' as follows:- "(b) "drug" includes- (i) all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body....
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....tion of licence. Rule 63A relates to certificate of renewal of a sale licence and Rule 63B relates to certificate of renewal of licence. Rule 64 relates to conditions to be satisfied before a licence in Form 20, 20B, 20F, 20G 21 and 21B is granted or renewed. Rule 65 relates to condition of licences. Rule 65A deals with additional information to be furnished by an applicant for licence or a licensee to the licensing authority. Rule 66 deals with cancellation and suspension of licences. Rule 66A deals with procedure for disposal of drugs in the event of cancellation of licence. The said Rules fall under Part VI of the 1945 Rules, the powers in respect of which are conferred on the State Government. 28. In terms of Section 26A of the D&C Act, the Central Government has power to prohibit manufacture etc. of drug and cosmetic in public interest. It is provided therein that without prejudice to any other provision contained in this Chapter i.e. Chapter IV, if the Central Government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or....
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....elled with the symbols NRx which shall be in red and conspicuously displayed on the left top corner of the label, and be also labelled with the following words:- 'Schedule H drug - Warning : To be sold by retail on the prescription of a Registered Medical Practitioner only'; (d) if it contains a substance specified in Schedule X, be labelled with the symbol XRx which shall be in red conspicuously displayed on the left top corner of the label, and be also labelled with the following words:- 'Schedule X drug - Warning : To be sold by retail on the prescription of a Registered Medical Practitioner only';" 30. The 1945 Rules, therefore, provide for various drugs which are included in Schedules 'C', 'C (1)', 'H' and 'X'. Schedule 'C' relates to biological and special products. Schedule 'C (1)' relates to other special products which includes vitamins and preparations containing vitamins not in a form to be administered parenterally. Liver extract and preparations containing liver extract not in a form to be administered parenterally. Vaccine not in a form to be administered parenterally. Antibi....
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....bhimol were recovered. As per the Chemical Examiner's Report, the Parvon Spas capsules contained salt Dextropropoxyphene Hcl 74.90 mg and capsules Subhimol contained salt of Dextropropoxyphene Hcl 74.96 mg. In Mohd. Shamshad v. State of Punjab (CRM No. M-20282 of 2012), 500 capsules of Parvon Spas were recovered which as per the Chemical Examiner's report contained Dextropropoxyphene Hcl. Mostly the manufactured drugs in respect of which there is a contravention contain Dextropropoxyphene, Codeine and these according to the learned counsel for the petitioners are not 'manufactured drugs' so as to come within the purview of the NDPS Act. However, in terms of notification dated 14.11.1985 these are specifically mentioned as 'manufactured drugs' and contravention of these would be an offence under Section 21 of the NDPS Act, which relates to punishment for contravention in relation to manufactured drugs and preparations; though these may also be an offence under the D&C Act and the 1945 Rules. The question that these provide for exception would not be of much consequence as these are carried in a bulk form and in such a manner that they are not intended to be u....
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.... rupees. Provided that the Court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees." 34. The Central Government has specified 'small quantity' and 'commercial quantity' of drugs which is with reference to clause (viia) and (xxiiia) of Section 2 of the NDPS Act in a tabulated form vide notification dated 19.10.2001. Clause (viia) and (xxiiia) of the NDPS Act define; 'commercial quantity' and 'small quantity' as follows:- "(vii a) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette; (xxiii a) "small quantity", in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette." 35. The table specifying 'small quantity' and 'commercial quantity' of narcotic drugs and psychotropic substances vide notification dated 19.10.2001 contains horizontal columns from (1) to (6) mentioning the serial number, name of nar....
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....than medicinal or therapeutic use. As has already been noticed various 'manufactured drugs' have been notified vide notifications dated 14.11.1985 and 29.1.1993. Section 21 of the NDPS Act provides for punishment for contravention in relation to manufactured drugs and preparations. The punishment prescribed is with reference to the quantity possessed. Therefore, the punishment which an offender is liable to be inflicted with in case he contravenes the provisions of Section 21 of the NDPS Act is dependent on the contravention of the quantity of drug that is involved. For purpose of determining the quantity as to whether it is small quantity, lesser than commercial quantity but greater than small quantity or commercial quantity is to be determined with reference to the notification providing a table as afore-mentioned specifying small quantity and commercial quantity to which Note 4 has been added vide notification dated 18.11.2009 mentioning therein that the quantity whether it is small quantity or commercial quantity relating to the drugs shown in column 2 is to apply to the entire mixture or any solution or any one or more narcotic drug or psychotropic substance of that pa....
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.... NDPS Act and which are used for medicinal purposes also. The said 'psychotropic substances' can be manufactured in accordance with the conditions of a licence granted under the 1945 Rules. Except those substances which are not mentioned in the Schedule 'I' of the 1945 Rules for which purpose a licence can be granted under the said 1945 Rules, the others that is without licence or authorization would entail the violation of the NDPS Act and the NDPS Rules which would make out an offence under the said latter provisions. Therefore, the possession of a 'manufactured drug' which has been notified in terms of notifications dated 14.11.1985 and 29.1.1993 or 'psychotropic substances' and which are mentioned in Schedule 1 of the NDPS Act would entail prosecution either under the NDPS Act or the D&C Act. The fact that the prosecution has enforced a harsher provision of the NDPS Act than the normal provision of the D&C Act would not be of any consequence or significance. 39. In Maganlal Chhagganlal (P) Ltd. v. Municipal Corporation of Greater Bombay and Others, AIR 1974 SC 2009 (Seven Judges Bench), the Hon'ble Supreme Court considered the case relatin....
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.... on oath; besides, requiring the discovery and production of documents as also any other matter which may be prescribed by regulations. The provisions of the Bombay Government Premises (Eviction Act) were also more or less similar except that they related to Government premises and the power to order of eviction is given to competent authority not lower in rank than that of a Deputy Collector or an Executive Engineer appointed by the State Government. The only other matter in respect of which the provisions of the Government Premises (Eviction) Act differed from the provisions of the Bombay Municipal Corporation Act was that Section 8-A of the former Act provided that no Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of the eviction of any person from any government premises on any of the grounds specified in Section 4 for the recovery of the arrears of rent or damages payable for use and occupation of such premises. It was submitted that there were two procedures available to the Corporation and the State Government, one by way of a suit under the ordinary law and the other under either of the two Acts, which is harsher and more onerous than th....
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.... for trial of cases under the NDPS Act. Section 36A of the NDPS Act relates to offences triable by the Special Court. Section 36B relates to appeal and revision. Section 36C relates to application of the Code of Criminal Procedure to proceedings before a Special Court and Section 36D relates to transitional provision. In terms of Section 36C, the provisions of the Code of Criminal Procedure (including the provisions as to bail and bail bonds), are to apply to proceedings before a Special Court and for the purposes of the said provision, the Special Court is deemed to be a Court of Session and the person conducting a prosecution before a Special Court is deemed to be a Public Prosecutor. Section 4 of the Criminal Procedure Code relates to trial of offences under the Indian Penal Code and other laws. Sub Section (2) thereof envisages that all offences under any other law that is law other than the Indian Penal Code which would include cases under the NDPS Act, shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, that is, the provisions contained after Section 4 but subject to any enactment for the time being in force regulating the m....
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....independent and violation of one Act does not mean no violation of the other. Therefore, merely, because prosecution is launched and trial is conducted under the NDPS Act, which is considered a harsher and an onerous provision, the initiation of the proceedings cannot be said to be improper or bad. In case it is done for any extraneous reasons or circumstances or with a mala fide intention, the same would of course be subject to judicial scrutiny and review. In the circumstances, when there has been a contravention of a certain manufactured drug or a psychotropic substance and which falls within the purview of NDPS Act and the NDPS Rules, the possession, sale and transportation of which is prohibited, or is being done without proper licence or with no proper authorization, the prosecution under the provisions of the NDPS Act would not be prohibited and it cannot be said to be in any manner illegal. 42. The contention of the learned counsel for the petitioners is that the police authorities being unmindful of the actual provisions of the NDPS Act and the NDPS Rules have harassed even the bona fide chemists in the State holding a valid and legal licence in accordance with the prov....
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....express language of the statute are not roped in by stretching the language of the law. The said observations in the case of Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj Bijiaya (supra) were affirmed by a Five Judges Bench of the Hon'ble Supreme Court in Sanjay Dutt v. The State through CBI Bombay, JT 1994 (5) SC 540. Therefore, when a law visits a person with serious penal consequences extra care is indeed to be taken that those whom the legislature did not intend to be covered by the express language of the statute are not roped in by stretching the language of the law. However, on that account to say that the offenders who have contravened and indulged in clandestine sale of narcotic drugs and manufactured drugs that have been notified by the Central Government in the official gazette, besides, psychotropic substances are to be penalized only under the D&C Act and the 1945 Rules would not be the correct position in law. It is for the State to prosecute the offenders wherever the provisions of the NDPS Act and the NDPS Rules have been violated in accordance with the said provisions rather than to say that such offenders can only be penalized under the D&C Act and th....
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....bited nor regulated by the NDPS Rules and consequently by the NDPS Act. It being Schedule H drug would fall within the rigorous of the D&C Act and Rules." 44. The above observations show that the psychotropic substances which are mentioned in Schedule I of the NDPS Rules do entail prosecution under the NDPS Act. To this it may be added that those drugs which are notified as 'manufactured drug' by the Central Government particularly in terms of notification dated 14.11.1985 and subsequent notification dated 29.1.1993 would entail prosecution under Section 21 of the NDPS Act. Therefore, in each case it would be required to be seen whether the drug in respect of which there is alleged to be a contravention by an offender is indeed in violation of the NDPS Act and this is to be determined and examined with reference to the notified manufactured drugs as mentioned in the notification dated 14.11.1985 and 29.1.1993. The contravention of psychotropic substances mentioned in the Schedule to the NDPS Act and the Schedule 'I' to the NDPS Rules in violation of the same may also entail prosecution under the NDPS Act. Besides, it would be also required to be examined whether ....
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....les which reads as under:- "(9) (a) Substances specified in Schedule H or Schedule X shall not be sold by retail except on and in accordance with the prescription of a Registered Medical Practitioner and in the case of substances specified in Schedule X, the prescriptions shall be in duplicate, one copy of which shall be retained by the licensee for a period of two years. (b) the supply of drugs specified in Schedule H or Schedule X to Registered Medical Practitioners, Hospitals, Dispensaries and Nursing Homes shall be made only against the signed order in writing which shall be preserved by the licensee for a period of two years." 46. A perusal of the above Rule 65 (9) (a) and (b) mandates that the substances specified in Schedule 'H' or Schedule 'X' are to be sold in accordance with the prescription of a registered medical practitioner and in case of substances in Schedule 'X' the prescription is to be in duplicate and one copy of the same is to be retained by the licensee for two years. Insofar as the supply of drugs specified in the said Schedule 'H' or Schedule 'X' to registered medical practitioners, hospitals, disp....
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....me under these rules. 18. Transport, import inter-state or export inter-state of manufactured drugs. - Save as otherwise provided in these rules, a person referred to in rule 17 may transport, import inter-state and export interstate manufactured drugs other than prepared opium and coca leaf in such quantity and in such manner, as may be specified in the permit issued by the Drugs Controller or the Director Ayurveda, Punjab, (for Ayurvedic, Unani & Sidha drugs), as the case may be, or any other officer authorized by the Government in this behalf in accordance with the provisions of these rules. 19. Prohibition of transport, import interstate or export inter-state by post.- Save as otherwise provided nothing in these rules shall be deemed to permit the transport, import inter-state or export interstate of manufactured drugs by means of post." 48. In terms of Rule 17, no person is to possess any manufactured drugs unless lawfully authorized under the Rules. Rule 18 relates to transport, import inter-state or export inter-state of manufactured drugs. In terms thereof, a person referred to in Rule 17 i.e. a lawfully authorized person to possess ma....
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....gs by medical practitioner and medical institutions. The same reads as under:- "24. Possession of drugs by Medical Practitioner and Medical Institutions - (1) A Medical Practitioner, duly registered under the provision of sub-rule (4) of this rule, may possess the following quantities of manufactured drugs other than prepared opium and coca leafs for use in his practice and not for sale - (i) Morphine (in all forms) 5 gram (ii) Pethidine Injection 5 gram (iii) Fentanyl (in all forms) 1 gram (iv) Fu-Fentanyl (in all forms) 1 gram (v) Medicinal Opium in the form of 30 gram Ayurveda and Unani medicines containing more than 0.2 per cent morphine in the preparations. (vi) any other manufactured drug 100 doses: Provided that a Medical Practitioner of the indigenous systems of medicines, may possess only those manufactured drugs, which are included in the indigenous system of medicine: Provided further that the Drug Controller or the Director, Ayurveda Punjab, as the case may be, with the prior approval of the Government, authorize any Medical Practitioner to possess the aforesaid manufactur....
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....se may be, submit such information relating to the transactions of manufactured drugs, as may be demanded. (vi) If a messenger is sent by the Medical Practitioner or by the Medical Institution to take delivery of the manufactured drugs, the messenger must be given an authority, in writing, signed and specifying the messenger by name with his/or her signatures and photograph both attested, to receive the drugs. A Licensed Chemist, Licensed Dealer or a Licensed Manufacturer is forbidden to deliver drugs to messenger, if he is not so authorized. (vii) The Medical Practitioner or a Medical Institution shall keep the drugs under lock and key. (viii) While carrying drugs to the house of a patient, the Medical Practitioner shall take full precautions for the safe custody of manufactured drugs. Thefts and losses of manufactured drugs should be forthwith reported to the nearest Police Station. (ix) All records including registers and day book must be kept for not less than two years from the date of the last entry therein. (4) A Medical Practitioner or a Medical Institution wishing to possess or dispense the manufactured drugs for use in practice, shall g....
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....cotic drug or psychotropic substance, the person in possession of the drug is harassed. In order to prevent this misuse, it would be for the State Government to take necessary steps. The instructions issued by the Narcotic Control Bureau ('NCB' - for short) though are for the purposes of investigation by the NCB but can be used as guidelines. The Supreme Court in Khet Singh v. Union of India, 2002 (RCR) (Crl.) 277 observed as follows:- "The instructions issued by the Narcotics Control Bureau, New Delhi are to be followed by the officer in-charge of the investigation of the crimes coming within the purview of the NDPS Act, even though these instructions do not have the force of law. They are intended to guide the officers and to see that a fair procedure is adopted by the officer in-charge of the investigation. It is true that when a contraband article is seized during investigation or search, a seizure mahazar should be prepared at the spot in accordance with law. There may, however, be circumstances in which it would not have been possible for the officer to prepare the mahazar at the spot, as it may be a chance recovery and the officer may not have the facility t....
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.... on consecutive dates over a block period of three to four days; to save time evidence of official witnesses be taken in the form of affidavits by making most use of Section 293 of the Code of Criminal Procedure; every State to have access to Narcotic Laboratories so that samples collected for the purpose of the NDPS Act on a timely basis to them for scrutiny; after completion of tests of samples by the Laboratories the result of the same must be furnished to all parties concerned with the matter and any request for retesting/re-sampling shall not be entertained under the NDPS Act as a matter of course although these may, however, be permitted in extremely exceptional circumstances for cogent reasons to be recorded by the presiding officer; nodal officers be appointed by all the departments dealing with NDPS cases for monitoring the progress of investigation and trial; there must be a one 'Pairvi' officer or other such officer for each Court who shall report the days proceedings to the nodal officer assigned for that Court; District and Sessions Judge shall make a recommendation for appointment of public prosecutor who play the most important role in the administration of j....
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....fficient running of the facilities of forensic science laboratories under them and the laboratories should furnish their reports expeditiously to the agencies concerned. (4) The Directorate of Forensic Science Services, Ministry of Home Affairs, must take special steps to ensure standardization of equipment across the various forensic laboratories to prevent vacillating results and disallow a litigant an opportunity to challenge test results on that basis. 54. Indeed the delay in testing the sample does result in prejudice to an alleged offender as till the results are available there can be no definite certainty with regard to the contraband in respect of which there has been a contravention or that has been recovered. In such cases to await the outcome of the final FSL report where there is likely to be delayed, the accused may be released on interim bail. In Sukhwant Singh v. State of Punjab, (2009) 7 SCC 539, it has been held by the Hon'ble Supreme Court as follows:- ....... following the decision of this Court in Kamlendra Pratap Singh v. State of U.P. (2009) 4 SCC 437 we reiterate that a court hearing a regular bail application has got inherent power ....
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....d to. (iii) A person possessing manufactured drugs in terms of the NDPS Act and the NDPS Rules is to strictly adhere to the provisions relating to sale, purchase, transport, carrying, storage, distribution etc. in accordance with the provisions of the D&C Act and the 1945 Rules as also the provisions of the Punjab NDPS Rules 2012. (iv) For transportation of the 'manufactured drugs' a pass or permit in terms of Rule 18 of the Punjab NDPS Rules 2012 is to be possessed. (v)It is to be ascertained in each case whether the manufactured drug, the contravention of which is alleged by a person falls within the permissible limits of the percentage of dosage provided for the drug by the notification dated 14.11.1985 and subsequent notification dated 29.01.1993 issued in exercise of power conferred by Section 2 (xi) (b) NDPS Act. However, the contravention of manufactured drug or possession of quantity in bulk is to be taken into consideration and not per dosage specially when there is a violation of the D&C Act and the 1945 Rules that is to say they are sold, purchased, distributed, stored, transported, carried etc. without a valid licence or kept without a....