NAWAB SINGH J

1. Challenge is to the order dated November 4th, 2003 passed by Special Judge, Fatehgarh Sahib, whereby, petitioner was ordered to be charged under Sections 21 and 22 of the Narcotic Drugs And Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and was charge-sheeted accordingly.

2. On August 5th, 2003 petitioner was intercepted. He was found in possession of the following drugs:-

1. 600 tablets of Nitraz-10,

2. 600 tablets of Nitrazepam,

3. 6200 capsules of Hypnodor-10,

4. 200 capsules of Parvon Spas,

5. 2000 tablets of Phenotil,

6. 100 injections of Norphine,

7. 240 tablets of Ativan.

3. The recovered items were sent to the Forensic Science Laboratory, Punjab, Chandigarh for analysis. Vide its report dated August 12th, 2003 (Annexure P-4) following ingredients were found in the drugs:-

Quantity of Parcel No.

1 2 3 4 5 6 7

Diphenoxylate 2.4 - - - - - -

Hydrochloride

(Average mg/cap)

Atropine Sulphate 0.25 - - - - - -

(Avergage mg/tab)

Nitrazepam - 9.8 9.9 9.8 - - -

(average mg/tab.)

Lozazepam

(Average mg/tab.) - - - - 1.9 - -

Buprenorphine - - - - - 0.29 -

Hydrochloride

(Average mg/ml)

Dextropropoxyphene - - - - - - 31.9

Hyd