2014 Supreme(P&H) 81

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice S.S. Saron
The Hon’ble Mr. Justice S.P. Bangarh
CRM No. M-13140 of 2012
Inderjeet Singh @ Laddi
v.
State of Punjab
{Decided on 31/01/2014}

Headnote:Narcotics--Anticipatory Bail--Where the matter is being unnecessarily delayed, Court may grant interim bail till the receipt of the FSL report.

       Narcotics--Manufactured Drugs--Mere fact that the drugs which are covered under ‘manufactured drugs’ under the NDPS Act and the NDPS Rules and are also covered by the D&C Act and the 1945 Rules thereunder would not mean that the offender can be penalised only under the D&C Act and the 1945 Rules and not proceeded against the NDPS Act and the NDPS Rules.

       Narcotics--Manufactured Drugs--Contravention of manufactured drug or possession of quantity in bulk is to be taken into consideration and not per dosage.

       Narcotics--Manufactured Drugs--Mere dosage of the manufactured drug in one capsule is not to be considered but the dosage in the number of capsules together is to be considered.

       Narcotics--Manufactured Drugs--Recovery of the bulk quantity from an unauthorized person would be indicative of the fact that it was not being used for medicinal or therapeutic purposes.

       (A) Narcotic Drugs and Psychotropic Substances Act, 1985, S.21--Anticipatory Bail--Narcotics--Held; the presiding officer of a Special Court dealing with NDPS cases wherever the need is felt and where the matter is being unnecessarily delayed may grant interim bail till the receipt of the FSL report and thereafter consider the case after the receipt of the report--Criminal Procedure Code, 1973, S.438. (Para 55)

       (B) Narcotic Drugs and Psychotropic Substances Act, 1985, S.21--Manufactured drugs--Held; the mere fact that the drugs which are covered under ‘manufactured drugs’ under the NDPS Act and the NDPS Rules and psychotropic substances as mentioned in Schedule of the NDPS Act and Schedule I of the NDPS Rules and are also covered by the D&C Act and the 1945 Rules thereunder would not mean that the offender can be penalised only under the D&C Act and the 1945 Rules and not proceeded against the NDPS Act and the NDPS Rules--In case there is a contravention of the NDPS Act and the NDPS Rules, the stringent provisions of the Rules can be resorted to--Drugs and Cosmetics Act, 1940. (Para 56)

       (C) Narcotic Drugs and Psychotropic Substances Act, 1985, S.21--Manufactured drugs--Held; the contravention of manufactured drug or possession of quantity in bulk is to be taken into consideration and not per dosage specially when there is a violation of the D&C Act and the 1945 Rules that is to say they are sold, purchased, distributed, stored, transported, carried etc. without a valid licence or kept without a valid authorization--Drugs and Cosmetics Act, 1940. (Para 56)

       (D) Narcotic Drugs and Psychotropic Substances Act, 1985, S.21--Manufactured drugs--Held; mere dosage of the manufactured drug in one capsule is not to be considered but the dosage in the number of capsule together is to be considered for determining as to whether the exceptions provided in the notification dated 14.11.1985 declaring the narcotic substance and preparations as mentioned therein to be manufactured drugs--Drugs and Cosmetics Act, 1940. (Para 56)

       (E) Narcotic Drugs and Psychotropic Substances Act, 1985, S.21--Manufactured drugs--Held; A person possessing manufactured drugs in terms of the NDPS Act and the NDPS Rules is to strictly adhere to the provisions relating to sale, purchase, transport, carrying, storage, distribution etc. in accordance with the provisions of the D&C Act and the 1945 Rules as also the provisions of the Punjab NDPS Rules 2012--Drugs and Cosmetics Act, 1940. (Para 56)

       (F) Narcotic Drugs and Psychotropic Substances Act, 1985, S.21--Manufactured drugs--Held; the bulk quantity, in respect of which there is a contravention or is recovered from an unauthorized person would be indicative of the fact that it was not being used for medicinal or therapeutic purposes but as a drug to sedate or for intoxication or to give a sharp stimulating effect to get an unhealthy thrill so as to get a ‘kick’--Drugs and Cosmetics Act, 1940. (Para 44)