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2013 (7) TMI 839 - HC - CustomsInherent power of court u/s 482 Cr.PC - Petitioner Narcotics Control Bureau (NCB) invokes inherent powers of the Court u/s 482 of the CrPC for setting aside of the order passed by the learned Special Judge-NDPS - the court in that order altered the charge and remit the case to the Court for trial for the offences under the Drugs and Cosmetics Act, 1940 (D&C Act) – the same order was in question – Held that:- The contention of the department was devoid of any substance - Section 8 (c) of the NDPS Act prohibits manufacture, possession, transport, inter-state export and import of Narcotic Drugs and Psychotropic Substances except for medicinal or scientific purposes - Section 24 makes the export or obtaining of any Narcotic Drugs and Psychotropic Substances in contravention of section 12 of the NDPS Act to be punishable. Anybody dealing with a psychotropic substance for supplying to any person outside India even if it does not find mention in the NDPS Rules will be punished under the NDPS Act – court relied upon State of Uttaranchal v. Rajesh Kumar Gupta (2006 (11) TMI 542 - SUPREME COURT) – the exception as provided under Section 8 for use of the psychotropic substance as mentioned in the Schedule (under Section 2(xxiii)) of the NDPS Act for medicinal purposes would not be applicable in case of trade or supply of the psychotropic substance outside India – petition decided against the department.
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