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2017 (12) TMI 1599 - HC - CustomsImport of Contraband goods - prosecution case is that on 7-2-2017, the petitioner illicitly imported huge quantity of 180 Kgs. of “khat leaves” of African origin to India - petitioner seeks orders on the ground that the “khat leaf” does not come under the definition of Psychotropic Substance or Narcotic Drug under the NDPS Act - whether the substance seized from his possession is Psychotropic Substance or not? Held that:- Admittedly, it is a quantity of 180 Kgs. of khat leaves. The substance was subjected to analysis at the laboratory. On analysis, it was found containing “cathinone” and “cathine”. These two are Psychotropic Substances included in the Schedule to the NDPS Act. Cathinone is listed as item No. 125 in the Schedule, and cathine is listed as item No. 171 in the Schedule. Of course, khat leaves, by that name is not seen listed in the Schedule to the NDPS Act. The question for consideration is not how the substance is called, or what is its scientific name or botanical name, but what does it contain. The substance allegedly seized from the hands of the accused was found containing two prohibited Psychotropic Substances listed in the Schedule to the NDPS Act - The Court cannot take things technically and mechanically quash the prosecution saying that the substance by name “khat leaves” is not included or listed in the Schedule to the NDPS Act. Petition dismissed.
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