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2017 (3) TMI 1635 - HC - Indian LawsOffences under the Narcotic Drugs and Psychotropic Substances Act, 1985 - Baggage containing Narcotic Drugs - offence u/s. 8(c) r/w 22(c) of the Act. Held that: - The admitted prosecution case is that petitioners were found in possession of 18415 Zolfresh tablets. A reference to Current Index of Medical Specialty (CIMS) informs that Zolfresh is one amongst several tablets wherein tablets with content of Zolpedim in 5 mgs. or 10 mgs. are sold. In the instant case, what has been seized are 18415 Zolfresh tablets containing 10 mgs. Zolpedim each. Therefore, tablets seized from petitioners are in dosage form. When so, the notification in S.O. 2941(E), dated 18-11-2009 would require a determination of small or commercial quantity on the basis of the content of the psychotropic substance of that particular drug (Zolpidem) in dosage form. When so done it will be seen that petitioners were in possession of 184.15 gms. which is below the commercial quantity of 250 gms. If prosecution is to contend that the entire dosage is to be taken for purpose of determining whether the possession is in small or commercial quantity, the effect would be a prosecution allegation of the company/manufacturer of the drug/substance violating the provisions of the Drugs and Cosmetics Act without charging them therefor. Though unnecessary, this Court would state that reference to a drug/substance in dosage form can only be with reference to a dosage form as permissible in law. Revision allowed.
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