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MADRAS HIGH COURT
C.T. Selvam, J.
Mohamad Ali Jinna S/o. Kadar Mohideen & Ors. - Petitioners
Versus
The Intelligence Officer Directorate of Revenue Intelligence Chennai - Respondent
Crl. R.C. No. 1421 of 2016
Decided On : 14-03-2017
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 2, 8, 9, 29 and 25 – Narcotic Drug and Psychotropic – Scrutiny of Documents – Drug or Psychotropic –Prosecution case in brief is that A1 and A2 were intercepted when they alighted a train from New Delhi at Chennai Central on enquiry they confessed to their baggage containing Narcotic drugs were taken to respondents office where a search was conducted upon them in keeping with – Search of their baggage resulted in finding crystalline substance which tested positive for Amphetamine psychotropic substance – Samples were drawn total substance seized domestic market and international market – Confessed to not holding any license or permit to possess tablets and that their possession thereof was arranged by A5, towards transporting same to other countries – Samples were duly drawn – Cash and other articles were seized and sealed – Held, Case actual drug content in ampoules of buprenorphine was taken into consideration in informing the quantity to be small quantity – Ousephs case related to occurrence before Notification in case was one that consideration has remained same – Indeed it cannot be otherwise prosecution is to contend that entire dosage is to be taken for purpose of determining – Whether possession is in small or commercial quantity effect would be a prosecution allegation of company/manufacturer of drug/substance violating provisions of Drugs and Cosmetics Act without charging them – Though unnecessary Court would state that reference to a drug/substance in dosage form can only be with reference to a dosage form as permissible in law – Criminal Revision Case shall stand allowed.
Mr. C.T. Selvam, J.
This revision challenges framing of Charge No.4 by learned I Additional Special Judge for NDPS Act Cases, Chennai, in C.C. No.4 of 2016 on 17.08.2016.
2. Respondent has filed a complaint alleging commission of offences under The Narcotic Drugs and Psychotropic Substances Act, 1985 (herinafter referred to as 'Act') against petitioners/A1 to A4 and one another, such other said to be absconding.
3. The prosecution case in brief is that A1 and A2 were intercepted when they alighted a train from New Delhi at Chennai Central on 12.12.2015. On enquiry they confessed to their baggage containing Narcotic drugs. They were taken to the respondents office where a search was conducted upon them in keeping with Section 50 of the Act. Search of their baggage resulted in finding crystalline substance which tested positive for Amphetamine, a psychotropic substance. Samples were drawn. The total substance seized was 25.160 kgs. The value thereof INR Rs.50,32,000/- in domestic market and INR Rs.2,51,60,000/- in the international market. In a follow up action, two carton boxes containing Zopalet and Zolfresh brand tablets containing 10 mg of 'Zolpidem Tartrate' in each tablet and one zip lock cover containing Zolpidem Tartrate tablets without packing were recovered from A3 and A4. The tablet by name Zopalet was seen to be manufactured in Pakistan while Zolfresh was manufactured by a Company in India. Zolfresh was the trade mark of the Abott Group of Companies. The recovery particulars were informed as follows:
| Zolfresh tablets | 2819 strips with each strip having 10 Zolpidem Tablets and 168 loose tablets |
| Zopalet tablets | 1819 strips with each strip having 10 Zolpidem tables and 261 loose tablets. |
In all, 46809 tablets of Zolpidem. The tablets without blister packing were found to weigh 2500 gms. The market value of those tablets was Rs.32,84,700/-.
4. A3 and A4 confessed to not holding any license or permit to possess tablets and that their possession thereof was arranged by A5, towards transporting the same to other countries. Samples were duly drawn. Cash and other articles were seized and sealed. A1 and A2 tendered voluntary statements that they had gone to Delhi via Coimbatore on 09.12.2015 and received narcotic substance at Delhi from a person instructed by A5 to effect delivery thereof at A5's office premise, the same being that wherein A3 and A4 were found in possession of the Zolpidem tablets.
5. Relevant for determination of present revision is paragraph Nos.13 and 14 of the complaint:
"13. The Joint Director, Custom House Laboratory, Custom, House, Chennai, vide Report No. lab no.813 to 817/17.12.2015 dated 12/05/2015 has reported as below:
1. Report: Lab No.813 & 814 (marked as P1S1 & P2S2 of Annexure - II) : Each answers the test for the presence of Pseudoephedrine Hydrochloride;
2. Report: Lab No.815 (marked as P1S1 of Annexure - III) "ZOPALET Tablet": Presence of Zolpidem tartrate, could not be detected;
3. Report: Lab No. 816 (marked as P2S1 of Annexure - III) "ZOLFRESH Tablet": Answer the tests for presence of Zolpidem Tartrate;
4. Report: Lab No.817 (marked as P3S1 of Annexure - III) "ZOPALET Tablet": Presence of Zolpidem tartrate, could not be detected.
That "Pseudoephedrine Hydrochloride has been detected in the exhibits marked as P1S1 and P2S1 of Annexure II". Zolpidem Tartrate has been detected in the exhibits marked as P2S1 of Annexure III.
It is submitted 'Pseudoephedrine Hydrochloride' is controlled substance and Zolpidem Tartrate is Psychotropic Substances (mentioned in Sl.No.109 of Schedule II of the NDPS Act, 1985), read with NDPS (Regulation of Controlled Substances) Order 1993.
14. During the course of investigation according to law, on scrutiny of documents and from the statements recorded from the person concerned, it has came to light that in the month of December 2015 at Ch
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