2000 (7) TMI 92

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....tional Sessions Judge, New Delhi, on an application of bail made to her, has rejected the bail on the ground of an embargo of Section 37 of the Act which, according to her, is couched in the negative language and, therefore, declined bail. The case of the prosecution is that the petitioner, who purportedly came into the country to do business in garments, was detained by the Customs authorities on 4-4-2000 and from her effects was recovered 1,77,5000 Diazepam (5 mg.) tablets. On the recovery of the same, she was detained for having committed offence under the Act on the ground of Diazepam being a scheduled drug under the Act possession whereof was an offence and, therefore, liable to be prosecuted for violation thereof. 2. I have heard l....

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....der the Open General Licence Policy. He also submits that Diazepam is a prescription drug available in the open market and has produced for my perusal Valium-5, Campose-5 and Diazepam tablets. Each one of them bears a mark 'Rx' at the top left hand corner. He has also produced before me Clonotril which supports a red mark of 'NRx'. From the learned Counsel wants me to deduce that Diazepam ipso facto is not the drug which is covered by the Schedule as Item 43 under the Act. Under the Schedule to the Act, Diazepam is shown at Serial No. 43 with a chemical name as follows : 43-DIAZEPAM           7-Chloro-1 3 dihydro-1-methyl-5-phenyl-2H-1,         &....