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J. B. PARDIWALA, MANOJ MISRA
Directorate of Revenue Intelligence – Appellant
Versus
Raj Kumar Arora – Respondent
JUDGMENT :
J.B. PARDIWALA, J.:
For the convenience of exposition, this judgment is divided into the following parts:
| INDEX | |
| A. | FACTUAL MATRIX |
| i. Criminal Appeal No. 1319 of 2013 | |
| ii. Criminal Appeal No. 272 of 2014 | |
| B. | SUBMISSIONS OF THE PARTIES |
| i. Submissions on behalf of the Appellant(s) | |
| a. Criminal Appeal No. 1319 of 2013 | |
| b. Criminal Appeal No. 272 of 2014 | |
| ii. Submissions on behalf of the Respondent(s) | |
| C. | C. ISSUES FOR DETERMINATION |
| D. | ANALYSIS |
| i. Whether an offence under Section 8(c) could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I of the Rules thereunder. | |
| a. Object of the NDPS Act and the United Nations Convention on Psychotropic Substances, 1971 | |
| b. Relevant Statutory Provisions of the NDPS Act and its Rules | |
| c. Analysing the treatment of substances mentioned in the Schedule to the Act and not in Schedule I of the Rules by previous decisions of this Court | |
| d. The provisions of the NDPS Act and its Rules are “in addition to” the D&C Act and the | |
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