AI Overview...
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Narcotic Drugs and Licenses - Possession of medicines like cough syrup or nitrazepam salt, when covered by valid licenses under the Drugs & Cosmetics Act or D&C Rules, generally does not constitute an offence under the NDPS Act. Courts have emphasized that mere possession or transportation of licensed medicines, even if they contain psychotropic substances, is permissible if supported by valid licensing documents Manoj Kumar Bhuyan VS State of Orissa - Crimes, Saved Alam VS State of Assam - Gauhati, Syed Alam S/o Md. Rahimuddin VS State of Assam - Gauhati, Amandeep Singh VS State of Punjab - Crimes.
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Licenses and Legal Compliance - Possession of a license under the Drugs & Cosmetics Act or D&C Rules does not automatically exempt individuals from NDPS Act provisions. The courts have clarified that compliance with NDPS rules and proper documentation are necessary to avoid criminal liability, and mere licensing does not confer immunity from prosecution under the NDPS Act Rajpal @ Raju VS State Of Punjab - Punjab and Haryana, Parmanand VS State of Haryana - Punjab and Haryana.
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Offences and Exceptions - The courts have noted that if the seized medicines or substances are beyond permissible limits or not covered under Schedule I, then NDPS provisions may apply. However, if the medicines are within prescribed limits and covered under licenses, the cases are often dismissed or the charges are not sustained Manoj Kumar Bhuyan VS State of Orissa - Crimes, Amandeep Singh VS State of Punjab - Punjab and Haryana.
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Main Points and Insights:
- Licensing under Drugs & Cosmetics Act or D&C Rules is crucial; possession with valid licenses generally does not amount to an offence under NDPS.
- The mere issuance of a license does not provide immunity; proper compliance with NDPS rules is essential.
- Drugs like Nitrazepam salt and certain cough syrups, when licensed, are not automatically considered narcotic or psychotropic under NDPS.
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Overcrowding, detention conditions, and legal procedural safeguards are also emphasized in related judgments, but the core issue remains licensing and lawful possession Manoj Kumar Bhuyan VS State of Orissa - Crimes.
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Analysis and Conclusion:
- The legal consensus indicates that Narcotix Medicine or similar licensed medicines are not inherently offences under the NDPS Act if possessed legally with valid licenses. Courts have consistently held that licensing, proper documentation, and adherence to prescribed limits are key to lawful possession. Therefore, in cases where medicines like cough syrup or Nitrazepam salt are licensed, they do not constitute an offence of NDPS violation, provided all legal requirements are met Manoj Kumar Bhuyan VS State of Orissa - Crimes, Saved Alam VS State of Assam - Gauhati, Rajpal @ Raju VS State Of Punjab - Punjab and Haryana.
References: - Manoj Kumar Bhuyan VS State of Orissa - Crimes - M. Ranjith Kumar VS State - Madras - Kashmir Chand s/o Mathura Dass VS Central Bureau of Investigation - Punjab and Haryana - Rajpal @ Raju VS State Of Punjab - Punjab and Haryana - Saved Alam VS State of Assam - Gauhati - Manoj Kumar Bhuyan VS State of Orissa - Crimes - Syed Alam S/o Md. Rahimuddin VS State of Assam - Gauhati - Parmanand VS State of Haryana - Punjab and Haryana - Amandeep Singh VS State of Punjab - Crimes - Amandeep Singh VS State of Punjab - Punjab and Haryana
Search Results for "Narcotix Medicine is Not Ndps Offence of Licence Available"
• India - Crimes
SAVITRI RATHO
available against petitioners and their period of detention in custody and alarming situation prevailing in jails due to overcrowding ... to be satisfied before granting bail – Prima facie case under Section-21 (c) of NDPS Act is not made out against petitioners – As ... in seized cough syrup is beyond prescribed limit as contained in Exception 35, requirements of Section 37 of NDPS Act are not required ... petitioners that the cough syrup is covered under the licences and was meant fo....
2018 0 Supreme(Mad) 4474 • India - Madras
M.V.MURALIDARAN
possess any drug licence and cheated petitioner by giving a fabricated Drug License number - Whether medicine supplied by petitioner ... is a medicine which also contains psychotropic substance dealt with under NDPS Act - Whether he supplied medicines - Whether a case ... hold that for an offence said to have been committed under Drugs and Cosmetics Act punishment can be imposed provided under NDPS ... The Learned Counsel for the revision petitioner ....
2010 0 Supreme(P&H) 1511 • India - Punjab and Haryana
AUGUSTINE GEORGE MASIH
offence is committed by them in violation of provisions of NDPS Act and Rules framed thereunder, petitioners are liable to be prosecuted ... Drugs and Psychotropic Substances Act, 1985--Merely holding a license under D&C Act and Rules framed thereunder does not provide ... for said offences. ... offence under the NDPS Act. ... As regards the offence under Section 22 of the NDPS Act is concerned, he contends that the narcot....
2020 0 Supreme(P&H) 1584 • India - Punjab and Haryana
GURVINDER SINGH GILL
The court also emphasized that the mere issuance of a license does not confer immunity from prosecution under the NDPS Act. ... The court also noted that the petitioner failed to produce documents justifying the possession of the recovered medicines. ... 8 of the NDPS Act, Rule 65-A, 66, 67 of NDPS Rules 1985, and Rules 61, 62, 62-A, 62-C, 62-D of Drugs & Cosmetics Rules 1945. ... of the recovered medicines from the petitioner was unauthorized or was not#HL_....
2010 0 Supreme(Gau) 842 • India - Gauhati
I.A.ANSARI
he was in possession of a licence hence it was held that penal provisions contained NDPS Rules were not attracted - In present case ... not fall in Schedule I hence its possession is permissible provided a licence is obtained under D&C Rules - Accused had claimed that ... it has not been contended that accused had any valid documents to possess or use medicines which were allegedly found in his possession ... of criminal conspiracy of an offence unde....
• India - Crimes
SAVITRI RATHO
NDPS Act, involving commercial quantity – Petitioner has submitted that transportation of cough syrup was covered under his licence ... Act are not required to be satisfied before granting bail – Bail granted against stern conditions. ... as enumerated in Section 37 are a pre-requisite before granting bail to accused who is alleged to have committed offences under ... cough syrup is covered under the licences and was meant for supply to medicine shops and licensed retailers. ... In the....
2010 0 Supreme(Gau) 844 • India - Gauhati
I.A.ANSARI
claimed that he was in possession of a licence hence it was held that penal provisions contained NDPS Rules were not attracted - ... not fall in Schedule I - Hence its possession is permissible provided a licence is obtained under D & C Rules, 1945 - Accused had ... In present case it has not been contended that accused had any valid documents to possess or use medicines which were allegedly ... abetment of criminal conspiracy of an offence under the....
2012 0 Supreme(P&H) 1428 • India - Punjab and Haryana
MEHINDER SINGH SULLAR
, S.80--Licence--Mere fact that the firm of the petitioner-accused was having a licence under the Drugs & Cosmetics Act, would not ... automatically authorize him to possess such Narcotic Drugs & Psychotropic Substances, ipso-facto, is not a ground, much less cogent ... Drugs and Cosmetics Act are required to comply with the provisions of NDPS Act, Rules and Order, 1993 for the possession of narcotic ... He might have committed an offence which repul....
• India - Crimes
AUGUSTINE GEORGE MASIH
be narcotic drugs found in possession of petitioner was licence holder chemist—State constituted—Committed to go into such issues ... Narcotic Drugs and Psychotropic Substances Act, 1985—Section 22—Petition to quash FIR for offence on ground that drugs alleged to ... Act and was not in accordance with law—FIR was liable to be quashed. ... Paracetamol Nitrazepam salt do not covered under NDPS Act and a licensed Chemist can keep this medicine for sale ....
2011 0 Supreme(P&H) 2107 • India - Punjab and Haryana
AUGUSTINE GEORGE MASIH
Act is not in accordance with law--Drugs & Cosmetics Act, 1940--Criminal Procedure Code, 1973,S.482 (Para 4) ... Nitrazepam ... salt do not covered under NDPS Act and a licensed Chemist can keep this medicine for sale accused Amandeep Singh holding valid wholesale drug sale license. ... ... As per allegations in the FIR, the petitioner was found in possession of some tablets, capsules and other medicines whereas the case of the petitioner is that he was holding a valid lic....
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