Possession of psychotropic substances under the Narcotic Drugs and Psychotropic Substances Act is permissible for medical and scientific purposes and in accordance with the terms and conditions of the license.

1. By this common judgment both Criminal Revision Nos. 470 of 1987 and 477 of 1987 can conveniently be disposed of together. Since the controversy revolves around identical questions, the facts are being mentioned from Criminal Revision No. 470 of 1987 titled State of Haryana V/s. Naresh Kumar.

2. The relevant facts are that on 17-11-1985 ASI Nathu Ram accompanied by other constableswere going to village Anta in connection with investigation of a case arising out of FIR No. 395/1985 with respect to offences punishable under Ss. 457/380, IPC, Police Station Safidon. When they reached Khansar Chowk at 10.15 a.m. secret information was received that respondent was practising as a Medical Practitioner and he keeps in his possession intoxicating tablets. On the basis of information, it was considered that the respondent had contravened the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter described as the Act). A ruqa was sent to the police station. Thereafter the respondent was arrested and interrogated. He made a disclosure statement that he has kept in a plastic bag certain tablets. In pursuance of that statement, the respondent got recovered 125 tablets. 10 tablets were taken as the sample. The sample and the remaining tablets were sealed into separate parcels and taken into possession vide a recovery memo. The parcels were deposited in the Malkhana. Subsequently, the representative sample was sent for chemical analysis. The report of the Chemical Analyst revealed that it contained diazepam. The investigation concluded that it contravened the provisions of the Narcotic Drugs and Psychotropic Substances Act. Report under Section 173, Cr. P.C. was filed.

3. The learned Judicial Magistrate committed the case to the Court of Session. The learned Sessions Judge, Jind vide the impugned order held that diazepam though a psychotropic substance, could be possessed particularly when the respondent had the licence under the Drugs and Cosmetics Act, 1940. It was held that provisions of Section 8 of the Act had not been contravened. The respondents accordingly were discharged. Aggrieved by the said order, the State has preferred the present revision petitions.

4. The short question that comes up for consideration is as to if possessing of diazepam would be contravening the provisions of the Act or not ? Learned State counsel urged that it was psychotropic substance. The respondents did not have the licence to possess the same under the provisions of the Act and, therefore, the learned Sessions Judge was in error while discharging the respondents.

5. In this regard reference can well be made to "psychotropic substance" in Section 2 (xxiii) of the Act. It reads :-

"2 (xxiii). "psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule."The definition of the "psychotropic substance" mentioned above clearly shows that the same have been specified in the Schedule appended to the Act. In the Schedule annexed with the Act, diazepam occurs at serial No. 43. Therefore, it must be held that diazepam is a psychotropic substance.

6 However, merely because it is a psychotropic substance, will not permit the respondents to urge that it would be punishable under the provisions of the Act. Section 8 of the Act reads :-

"8. Prohibition of certain operations. - No person shall -(a) cultivate any coca plant or gather any portion of coca plant; or (b) cultivate the opium poppy or any cannabis plant; or(c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, importer inter-State, export inter-State, import into India, export from India or tranship any narcotic drug or psychotropic substance,except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders ma