2000 (7) TMI 97

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.... court under Section 439 read with Section 482 of the Code of Criminal Procedure for grant of bail in customs case under section 21/23/28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). He has impugned the order dated 16-5-2000 whereby the learned Additional Sessions Judge, New Delhi, on the application of bail made to her, has rejected the bail on the ground of ....

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....zepam tablets are covered under the Drugs and Cosmetics Rules in Schedule-II and, therefore, are labelled as 'medicine' under Rule 97 which provides as follows :- (b) If it contains a substance specified in Schedule H, be labelled with the Symbol Rx and conspicuously displayed on the left top corner of the label and be also labelled with the following words : 'Scheduled H drug -Warning : To ....

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.... Prescription drug available in the open market and has produced for my perusal Valium-5, Calmpose-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 this learned counsel wants be to deduce that Diazepam ipso facto is to the drug which is covered by the Schedule as Item 43, Diazep....

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....Department for merely saying that is tests positive for Diazepam is neither here nor there. Therefore, prima facie, I am of the view that the substance recovered from the petitioner does not fall within the Schedule to the Act and, therefore, no offence under the Act has been committed. Section 37 of the Act cannot be pressed into service. 5.Learned counsel for the respondent-Customs has drawn ....