TMI Blog1996 (4) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... id bottle The sample bottles and the remaining bottles were sealed with the seal of TS and were seized by preparing a seizure memo. On the basis of a ruqa sent by Sub-Inspector, a case under Section 21 of the Act has been registered. The sample parcels were sent to the office of the Forensic Science Laboratory and the report dated 16-5-1995 has been received. As per report each sample was found to contain Codeine Phosphate 9.5 mg/5 ml. 3. It has been stated in the petition that the petitioner is the holder of Drug Licence No. 674-OB and 457-B to carry on his business of a retail chemist under the name and style of M/ Guru Nanak Medicose, Mudki, District Ferozepur, that the drug Phensedyl is a cough syrup being manufactured by M/ Rhone Pou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r contravention in relation to manufactured drugs and preparation The term "manufactured drug" has been defined by Section 2(xi) to mean inter alia a narcotic substance or preparation which the Central Government may by notification in the Official Gazette declared to be a manufactured drug. In exercise of the powers conferred by Sub-clause (b) of Clause (xi) of Section 2 of the Act, the Central Government declared certain narcotic substances and preparations mentioned in the Notification No. 0.826(E), dated 14-11-1985. The substance/preparation mentioned at Serial No. 35 of this Notification reads as under :- Methyl Morphine (commonly known as 'Codeine') and Ethyl Morphine and their salts (including (Dionine), all dilutions and preparati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner was indulging in the sale of such drugs without prescription of the doctor to the addicts and he could not produce the purchase bill/ cash memo and the licence required for the sale of such item, and as such the petitioner is liable under Section 21 of the Act. 10. The aforesaid argument of the learned State counsel is misconceived. If the petitioner sells any drug to a person in contravention of licence granted to him or that he fails to produce the bill/cash memo or the licence for the sale of such item, he can be proceeded against under the provisions of the Drugs and Cosmetic Act, 1940 by the Drug Inspector in accordance with the provisions of the said Act. Section 21 of the Act in hand is not attracted for such violati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also being misused by drug addicts, is not enough in the eye of law to bring the same within the mischief of Section 21 of the Act. Therefore, even all the allegations contained in the First Information Report in question are assumed to be correct, no offence under Section 21 of the Act is made out and the First Information Report in question is liable to be quashed. 13. For the reasons mentioned above, this petition is allowed. First Information Report No. 48, dated 154-1995 registered at Police Station, Ghal Khurad under Sections 21/61/85 of the Act and the subsequent proceedings in pursuance thereof, if any, are hereby quashed. The seized goods in this case if not already released, are directed to bereturned to the petitioner forthwi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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