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2016 (11) TMI 1258 - DELHI HIGH COURTSeizure of contraband substance - contraband substance was found having presence of Methaqualone - whether, the effected 951.350 Kg of contraband substance from the vehicle make Toyota Fortuner bearing registration No. DL 13CA 1800 pursuant to the disclosure made by Manu Khosla does cover under the NDPS Act, 1985? - the NDPS Act, 1985 which is a special law as compared to the general procedural law mentioned herein above. The NDPS Act, 1985 is applicable over the general law for the purposes of the present case - Held that: - The Court below while dealing with the instant case went wrong on the point that, no offence under the NDPS Act was made out, for want of inclusion of Ketamine Hydrochloride in the Schedule of the NDPS Rules, 1985. The notification of the Department of Revenue of the Ministry of Finance with its Notification No.S.0.311.(E) dated 10.02.2011 declared Ketamine Hydrochloride to be a part of the schedule of the NDPS Act, thereby declaring it to be a psychotropic substance - The respondent is directed to surrender the vehicle make Toyota Fortuner bearing registration No. DL 13CA 1800 forthwith before the trial court, failing which the trial court will proceed further in accordance with law - petition allowed - decided against respondent assessee.
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