2018 (5) TMI 2018

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..... . 2 MR HK PATEL, APP(2) for the RESPONDENT(s) No. 1 ORAL ORDER 1 Rule returnable forthwith. Mr. H.K. Patel, the learned Additional Public Prosecutor waives service of notice of Rule for and on behalf of the respondent No.1 - State of Gujarat and Mr. Nirzar Desai, the learned counsel waives service of notice of Rule for and on behalf of the respondent No.2 - Directorate of Revenue Intelligence. .....

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..... tropic substance under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'). 4 The principal argument of Mr. Mehta, the learned senior counsel appearing with Ms. Patel, the learned counsel for the applicants is that when the prosecution came to be instituted against the applicants, the plant "Khat" was neither a narcotic drug nor psychotropic substance. It is s .....

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..... de notification No.S.O.821(E), dated 27th February, 2018 has notified Catha Edfulis (Dry Chatt or Mira Leaves Dry Chat Edulis) as a psychotropic substance under Narcotic Drugs and Psychotropic Substances, 1985." 5 Thus, for the first time, "Khat Leaves" came to be included in the list of psychotropic substances under the Act, 1985 only from 27th February 2018. 6 Mr. Desai, the learned standing c .....

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