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2005 Supreme(Del) 830

BADAR DURREZ AHMED
RAJINDER GUPTA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
AJAY BANSAL, ASHISH AGARWAL, INDER KAUL, JAYANT SUD, K.K.MANAN, K.K.SUD, K.T.S.TULSI, M.N.DUDEJA, MAHIPAL MALIK, MALA SHARMA, MOHD.SHEHBER KHAN, MUKESH KALIA, NEERAJ JAIN, PAVAN SHARMA, R.D.MEHRA, R.K.Jha, R.S.MALIK, RAHUL MEHRA, RAJKUMAR ARORASAVINDER SINGH KOHLI, Sanjay Suri, SANJIV GUPTA, SATISH AGRAWAL, V.K.Malik, V.K.SINGH, V.S.MISHRA, VIJAY MITTAL, VIKAS PAHVA, VINOD KUMAR

BADAR DURREZ AHMED, J.

( 1 ) THE common questions in these bail applications are:

1) Whether Buprenorphine Hydrochloride is a psychotropic substance within the meaning of the narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) ?

2) If yes, whether Buprenorphine Hydrochloride is a psychotropic substance to which Chapter VII of the narcotic Drugs and Psychotropic Substances Rules, 1985 (hereinafter referred to as the NDPS Rules) apply ? To what effect ?

3) was contended by the petitioners that buprenorphine Hydrochloride I. P. Injections which are the subject matter of the present applications are drugs specified under the Drugs and Cosmetics Act, 1940 and conform to standards indicated in the Indian pharmacopoeia. According to the learned counsel for the petitioners, since the Buprenorphine Hydrochloride injections involved in the present applications conformed to the specifications mentioned in the Indian pharmacopoeia and were Schedule H Drugs under the drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics rules, 1945, the same could not be regarded as psychotropic substancesat all under the NDPS Act. On the other hand, learned counsel w

















































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