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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.HEMALATHA, J.
M/s. Kniss Laboratories Pvt. Ltd. Rep by M.D. Varadarajan, Managing Director, Chennai & Anr. - Appellants
Versus
The Investigating Officer, Central Bureau of Narcotics Preventive & Intelligence Cell, Chennai - Respondent
Crl. R.C. No. 1411 of 2023
Decided On : 19-09-2023
NDPS Act - Possession of Alprazolam without registration - Sections 8(c) r/w 22(c), 29 and 38 of the NDPS Act, 1985
Fact of the Case:
The revision petitioners were found in possession of Alprazolam without registering with the Narcotics Commissioner as mandated under Rule 65 of the NDPS (second Amendment) Rules, 2015. They contended that they were not aware of the rule and had a license under the Drugs and Cosmetics Act, 1940.
Finding of the Court:
The court found that the revision petitioners' possession of Alprazolam contravened the NDPS Act as they did not follow the registration requirement under the amended rules. The court held that ignorance of the law is not an excuse.
Issues: The main issue was whether the possession of Alprazolam without registration under the NDPS Act was lawful, considering the petitioners' claim of being unaware of the rule and having a license under the Drugs and Cosmetics Act, 1940.
Ratio Decidendi: The court held that the possession of Alprazolam without complying with the registration requirement under the NDPS Act was in contravention of the law, regardless of the petitioners' claim of ignorance of the rule and possession license under the Drugs and Cosmetics Act, 1940.
Final Decision: The Criminal Revision Case was dismissed, and the orders dated 30.01.2023 in Crl.M.P.No.349 of 2018 in C.C. No.02 of 2018 on the file of the Principal Sessions Judge, Principal Special Court under EC & NDPS Act, Chennai, were confirmed.
JUDGMENT
(Prayer: Criminal Revision Case filed under Section 397(1) r/w 401 Cr.P.C. against the order dated 30.01.2023in Crl.M.P.No.349 of 2018 in C.C. No.02 of 2018 on the file of the Principal Sessions Judge, Principal Special Court under EC & NDPS Act, Chennai.)
1. Challenge in this Criminal Revision is made to the orders dated 30.01.2023 in Crl.M.P.No.349 of 2018 in C.C. No.02 of 2018 on the file of the Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai.
2. The revision petitioner filed the Criminal Miscellaneous Petition in Crl.M.P. No.349 of 2018 under Section 227 Cr.P.C. praying to discharge them from the offences punishable under Sections 8(c) r/w 22(c), 29 and 38 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (in short NDPS Act). The said petition was dismissed by the Trial Court Judge on the ground that there are sufficient materials against the revision petitioners/accused for proceeding further in the case and all the averments made in the petition can only be considered at the time of trial.
3. The case of the respondent/prosecution in a nutshell is as follows:
3.1. On the basis of the intelligence inputs gathered by Mr.Murali Krishna, Inspector, Central Bureau of Narcotics, Chennai, a team consisting of the Superintendent (Preventive) and 3 other Inspectors of Central Bureau of Narcotics along with two independent witnesses went to M/s. Kniss Laboratories Pvt. Ltd. at Plot No.9, Multi Industrial Estate, Gerugambakkam (Porur-Kundrathur Road), Chennai 600 122, and found that the revision petitioners/accused in possession of the following items.
| SI. No. | Name of | Batch No. | Each Tablets | Quantity of | No. of bags |
| 1. | Alprazolam | APZ-131008 | Bulk raw | 527 grams | 527 grams |
| 2. | Alprazolam | DRTTB 601 | 0.5 mg/tablet | 8 boxes | 1 Box = 132 x 10x 10 tabs 6 boxes = 126 x 10 x 10 tabs each 1 box = 93 x 10 x 10 loose strips |
| 3. | Alprazolam | DRTTA 601 | 0.25 mg / | 48600 | 2 boxes |
| 4. | Alprazolam | DANTA 601 | 0.25 mg / | 4.370 kgs | One polythene |
| 5. | Alprazolam | DANTB 601 | 0.5 mg / | 4.370 kgs | One polythene |
This is much above the prescribed commercial quantity, without getting registered with the Narcotic Commissioner, Central Bureau of Narcotics, Gwalior as mandated under Rule 65 of the NDPS Rules, 2015, amended by Government of India, Ministry of Finance, Department of Revenue, New Delhi, vide Gazette Notification G.S.R.224(E), dated 25.03.2015 and thus committed offences under Sections 8(c) r/w 22(c), 29 and 38 of the NDPS Act, 1985. Accordingly the Investigating Officer seized 25.203 kgs of Alprazolam after following necessary procedures mandated under NDPS Act.
3.2. After concluding investigation a final report in C.C.No.02/2018 was filed before the Principal Special Judge under EC & NDPS Act, Chennai, against the revision petitioners/accused for the offences punishable under Sections 8(c) r/w 22(c), 29 and 38 of NDPS Act. Both the accused filed a petition under Section 227 C
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