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TMI Blog2014 (1) TMI 1972X X X X Extracts X X X X X X X X Extracts X X X X ..... tate of Punjab CRM No.M- 13140; Ravinder Singh @ Rinku v. State of Punjab CRM No. M-1379 of 2013; Rani v. State of Punjab CRM No. M-14461 of 2012 and Mohd. Shamshad v. State of Punjab CRM No. M-20282 of 2012. 2. In Inderjeet Singh @ Laddi v. State of Punjab (Crl. Misc. No. M-13140 of 2012), the petitioner was apprehended with the following 'manufactured drugs' as per the report of the Forensic Science Laboratory ("FSL" - for short):- a) 30 Rexcof bottles containing 5.88 gms of codeine. b) 1500 Momolit of tablets containing 3.45 gms of diphenoxylate. c) 500 Phenotil tablets containing 1.1 gms diphenoxylate. d) 150 Parvon Spas capsules containing 9.70 gms of dextropropoxyphene. 3. It is contended on behalf of the petitioner on the strength of two judgments of this Court in Baljit Singh v. State of Punjab, 2003 (1) Criminal Court Cases 4 (P&H) and Manjit Singh v. State of Punjab, 2011 (1) RCR (Crl.) 907 (P&H) that the substances allegedly recovered from the petitioner being 'manufactured drugs' do not come within the purview of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" - for short) and the petitioner can at best be prosecuted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; Diphenoxylate Hcl. 2.445 mg/Tab 8. As per observations made by the analyst the sample contained Diphenoxylate Hcl. 9. In his application for bail it is contended on behalf of the petitioner Ravinder Singh @ Rinku that insofar as the recovery of Dextropropoxyphene and Diphenoxylate is concerned, both of them would fall within the ambit of 'manufactured drugs' as defined in Section 2 (xi) of the NDPS Act. The definition of 'manufactured drug' it is stated would reveal that the Central government can notify any narcotic substance to be a manufactured drug in pursuance of Section 2 (xi) NDPS Act. It is stated that a notification was issued by the Ministry of Finance, which was published in Gazette of India, Extraordinary, Part II, Section 3, Sub Section (ii) dated 14.11.1985 whereby certain narcotic substances and preparation were declared to be manufactured drugs. According to the petitioner Ravinder Singh alias Rinku, a perusal of the said notification would show that Dextropropoxyphene and Diphenoxylate have been declared to be manufactured drugs and their possession would fall within the ambit of Section 21 and not Section 22 NDPS Act. It is submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade out in this case. 12. In the reply filed by way of affidavit Sh. Bimal Kumar PPS, Deputy Superintendent of Police, Sub Division, Malerkotla, District Sangrur in Mohd. Shamsad's case (supra) it is stated that though the petitioner has a licence, however, he has no right to sell intoxicant substance in an open public place. Two bottles of liquid intoxicating substance and 500 capsules of Parvon Spas were recovered from the possession of the petitioner Mohd. Shamsad in the area of Kuti Road Mandir, Malerkotla in the jurisdiction of Malerkotla. In terms of the report dated 3.10.2012 of the Assistant Director (Toxicology), FSL, Punjab, the ingredients of recovered liquid intoxicant substance was reported to be Codeine Phosphate 5.6 mg/5ml and the capsules were reported to be Dextropropoxyphene Hydrochloride 64.8 mg/capsule and these salts are mentioned at Sub-Clause (viia) and (xxiiia) of Section 2 of the NDPS Act at Serial Nos.28 and 33 respectively of the Table specifying small quantity and commercial quantity in the NDPS Act as has been issued by the Central Government vide notification dated 19.10.2001. The report of the Chemical Examiner has been attached as Annexure R-1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his, it is submitted, is the combined effect of reading Sections 16, 17, 17-A, 17-B and 18 of the D&C Act and Rules 97, 104, 104-A and 105 of the 1945 Rules, which provide for standards to be maintained under the D&C Act and violation thereof is an offence under Section 18 of the D&C Act. There is no provision under the NDPS Act which prescribes for such an offence to be tried under the said Act. It is submitted that if any drug/psychotropic substance recovered from any unauthorized person and is covered by Schedule I of the Narcotic Drugs and Psychotropic Substances Rules 1985 (as amended) ("NDPS Rules" - for short), then it is to be tried under the NDPS Act and if such drug and psychotropic substance is not covered by Schedule I of the NDPS Rules as provided under Rule 64 of the NDPS Rules then it is liable to be tried under the D&C Act. 15. In response, learned State counsel have submitted that the menace of drugs is so rampant in this part of the country that it is to be curbed with a heavy hand. It is submitted that the provision of the NDPS Act and the NDPS Rules, besides, the D&C Act and the 1945 Rules have only provided the procedure for trying the offences. It is submitt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (emphasis added). 19. Therefore, the Central Government may by notification in the official Gazette, declare any other narcotic substance or preparation to be a 'manufactured drug'. (xxiii)"psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule;" 20. Psychotropic substance has been defined to mean any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule to the NDPS Act. 21. In terms of clause (b) of Section 2 (xi) NDPS Act relating to 'manufactured drug', any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any international convention, by notification in the official Gazette, declare to be a manufactured drug, are to be considered as such, that is, as manufactured drug. The Ministry of Finance, Department of Revenue, has published notification S.O. 82 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or manufacture, sale etc. of cosmetics in contravention of Chapter IV. Section 28 provides for penalty for non-disclosure of the name of the manufacturer etc. Section 28A provides for penalty for not keeping documents etc. and for non-disclosure of information. Section 28B provides penalty for manufacture etc. of drugs or cosmetics in contravention of Section 26A which relates to the power of Central Government to prohibit manufacture etc. of drugs in public interest. Section 29 provides for penalty for use of Government Analyst's Report for advertising. Section 30 relates to penalty for subsequent offences. Section 32 deals with cognizance of offences. Section 32B relates to compounding of certain offences. The violation of the 1945 Rules, therefore, entails penalty in terms of aforesaid provisions. As against this, the NDPS Act is an act to consolidate and amend the law relating to narcotic drugs to make it comprehensive, besides, provide for stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stance which may be manufactured by a licensee in an year shall be intimated by the Licencing Authority to the licensee at the time of issuing the licence: Provided that nothing contained in this rule shall apply in case the psychotropic substances specified in Schedule I are manufactured, possessed, transported, imported inter-State, exported inter-State, sold, purchased, consumed or used subject to other provisions of this Chapter which applies to psychotropic substances which are not included in Schedule I and for the purposes mentioned in Chapter VII A: Provided further that the authority in charge of the drug control in a State referred to in sub-Rule (2) of Rule 65 shall consult the Narcotics Commissioner before issuing a licence under Rule 65 in respect of psychotropic substances included in Schedule I [and Schedule III] 65A. Sale, purchase, consumption or use of psychotropic substances - No person shall sell, purchase, consume or use any psychotropic substance except in accordance with the Drugs and Cosmetics Rules, 1945. 23. In terms of Rule 64 of the NDPS Rules, no person is to manufacture, possess, transport, import inter-State, export inter- State, sell, purc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which have been established in therapeutic practice. (36) Dihydrocodine and Acetyldihydrocodeine, other derivatives of Dihydrocodeine and their salts such as, Paracodine and Acetyl Codone and the like, all dilutions and preparations, except those which are compounded with one or more other ingredients and containing not more than 100 miligrames of the drug per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations and which have been established in therapeutic practice. (37) Beta-4 - Merphylinylethylmorphine (also known as Homocodeine, Hybernil, Pholcodine and the like) and its salts; and dilutions and preparations, except those which are compounded with one or more other ingredients and containing not more then 100 milligrams of the drug per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations and which have been established in therapeutic practice. (48)Norcodeine and its salts; all dilutions and preparations, except those which are compounded with one or more other ingredients and containing not more than 100 milligrams of the drug per dosage unit and a concentration of not more than 2.5 per ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cent in undivided preparations, provided that such preparations do not contain any substances controlled under the Convention on Psychotropic Substances, 1971. 26. Thereafter, the Central Government vide notification dated 29.1.1993 has notified 17 more drugs as "manufactured drugs". In all 105 drugs have been notified as "manufactured drugs" by the Central Government. Most of the drugs that have been notified by the Central Government as "manufactured drugs" are covered under Scheduled 'H' of the 1945 Rules. Section 3 (b) of the Drugs and Cosmetics Act defines 'drug' as follows:- "(b) "drug" includes- (i) all medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like mosquitoes;] (ii) such substances (other than food) intended to affect the structure of any function of the human body or intended to be used for the destruction of [vermin] or insects which cause disease in human beings or animals, as may be spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deals with additional information to be furnished by an applicant for licence or a licensee to the licensing authority. Rule 66 deals with cancellation and suspension of licences. Rule 66A deals with procedure for disposal of drugs in the event of cancellation of licence. The said Rules fall under Part VI of the 1945 Rules, the powers in respect of which are conferred on the State Government. 28. In terms of Section 26A of the D&C Act, the Central Government has power to prohibit manufacture etc. of drug and cosmetic in public interest. It is provided therein that without prejudice to any other provision contained in this Chapter i.e. Chapter IV, if the Central Government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then, that Government may, by notification in the Official Gazette, prohibit the manufacture, sale or distribution of such drug or cosmetic. In terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... X, be labelled with the symbol XRx which shall be in red conspicuously displayed on the left top corner of the label, and be also labelled with the following words:- 'Schedule X drug - Warning : To be sold by retail on the prescription of a Registered Medical Practitioner only';" 30. The 1945 Rules, therefore, provide for various drugs which are included in Schedules 'C', 'C (1)', 'H' and 'X'. Schedule 'C' relates to biological and special products. Schedule 'C (1)' relates to other special products which includes vitamins and preparations containing vitamins not in a form to be administered parenterally. Liver extract and preparations containing liver extract not in a form to be administered parenterally. Vaccine not in a form to be administered parenterally. Antibiotics and preparations thereof not in a form to be administered parenterally etc. Schedule 'H' relates to the prescription of drugs and is referable to Rule 65 and 97 of the 1945 Rules which have been reproduced above i.e. 'condition of licence' and 'labelling of medicines.' 31. As already noticed some psychotropic substances and Sche ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hcl. Mostly the manufactured drugs in respect of which there is a contravention contain Dextropropoxyphene, Codeine and these according to the learned counsel for the petitioners are not 'manufactured drugs' so as to come within the purview of the NDPS Act. However, in terms of notification dated 14.11.1985 these are specifically mentioned as 'manufactured drugs' and contravention of these would be an offence under Section 21 of the NDPS Act, which relates to punishment for contravention in relation to manufactured drugs and preparations; though these may also be an offence under the D&C Act and the 1945 Rules. The question that these provide for exception would not be of much consequence as these are carried in a bulk form and in such a manner that they are not intended to be used for medicinal purposes but are intended to be used for intoxication and getting a stimulating effect. These are mostly used as sedatives to go into a trance. Besides, when these are carried in a bulk form without proper authorization or licence, then these would fall within the violations provided for under the NDPS Act and the NDPS Rules. The questions of these being within the exceptio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t define; 'commercial quantity' and 'small quantity' as follows:- "(vii a) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette; (xxiii a) "small quantity", in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette." 35. The table specifying 'small quantity' and 'commercial quantity' of narcotic drugs and psychotropic substances vide notification dated 19.10.2001 contains horizontal columns from (1) to (6) mentioning the serial number, name of narcotic drug and psychotropic substance, other non-proprietary name, chemical name, small quantity (in grams) and commercial quantity (in grams/kilograms) respectively. The Central Government has thereafter issued notification dated 18.11.2009 so as to add Note 4 after Note 3 to the table specifying 'small quantity' and 'commercial quantity' of narcotic drugs and psychotropic substances in terms of notification dated 19. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es the provisions of Section 21 of the NDPS Act is dependent on the contravention of the quantity of drug that is involved. For purpose of determining the quantity as to whether it is small quantity, lesser than commercial quantity but greater than small quantity or commercial quantity is to be determined with reference to the notification providing a table as afore-mentioned specifying small quantity and commercial quantity to which Note 4 has been added vide notification dated 18.11.2009 mentioning therein that the quantity whether it is small quantity or commercial quantity relating to the drugs shown in column 2 is to apply to the entire mixture or any solution or any one or more narcotic drug or psychotropic substance of that particular drug in dosage form etc. wherever existence of such substance is possible and not just its pure content. 37. The manufactured drugs of which there has been a contravention in the present cases have been sold, purchased, distributed, stored, transported, carried etc. in a bulk form and mostly these are without proper licences or authorizations. In respect of such drugs which are carried in bulk form, the notification dated 18.11.2009 would app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the NDPS Rules which would make out an offence under the said latter provisions. Therefore, the possession of a 'manufactured drug' which has been notified in terms of notifications dated 14.11.1985 and 29.1.1993 or 'psychotropic substances' and which are mentioned in Schedule 1 of the NDPS Act would entail prosecution either under the NDPS Act or the D&C Act. The fact that the prosecution has enforced a harsher provision of the NDPS Act than the normal provision of the D&C Act would not be of any consequence or significance. 39. In Maganlal Chhagganlal (P) Ltd. v. Municipal Corporation of Greater Bombay and Others, AIR 1974 SC 2009 (Seven Judges Bench), the Hon'ble Supreme Court considered the case relating to the legality of the certain provisions of Chapter V-A of the Bombay Municipal Corporation Act and the Bombay Government Premises (Eviction) Act 1955. Chapter V-A was introduced in the Bombay Municipal Act 1888 by Maharashtra Act 14 of 1961. The said Chapter V-A contained Sections 105-A and 105-B. According to the provisions of those Sections, the Commissioner in relation to premises belonging to or vesting in, or taken on lease by the Corporation and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only other matter in respect of which the provisions of the Government Premises (Eviction) Act differed from the provisions of the Bombay Municipal Corporation Act was that Section 8-A of the former Act provided that no Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of the eviction of any person from any government premises on any of the grounds specified in Section 4 for the recovery of the arrears of rent or damages payable for use and occupation of such premises. It was submitted that there were two procedures available to the Corporation and the State Government, one by way of a suit under the ordinary law and the other under either of the two Acts, which is harsher and more onerous than the procedure under the ordinary law, therefore, the latter was hit by Article 14 of the Constitution in the absence of any guidelines as to which procedure may be adopted. After detailed discussion, it was held that where a statue providing for a more drastic procedure different from the ordinary procedure covers the whole fields covered by the ordinary procedure without any guidelines as to the class of cases in which either procedure is to be resorted to, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to proceedings before a Special Court and for the purposes of the said provision, the Special Court is deemed to be a Court of Session and the person conducting a prosecution before a Special Court is deemed to be a Public Prosecutor. Section 4 of the Criminal Procedure Code relates to trial of offences under the Indian Penal Code and other laws. Sub Section (2) thereof envisages that all offences under any other law that is law other than the Indian Penal Code which would include cases under the NDPS Act, shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, that is, the provisions contained after Section 4 but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. For the trial of offences under the NDPS Act proper procedure and guidelines have been provided. Therefore, the procedure provided for trial and prosecution of offences under the NDPS Act would not in any manner be hit by Article 14 of the Constitution; besides, even if it covers only a class of cases which are mentioned in the NDPS it would not be bad and the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e circumstances, when there has been a contravention of a certain manufactured drug or a psychotropic substance and which falls within the purview of NDPS Act and the NDPS Rules, the possession, sale and transportation of which is prohibited, or is being done without proper licence or with no proper authorization, the prosecution under the provisions of the NDPS Act would not be prohibited and it cannot be said to be in any manner illegal. 42. The contention of the learned counsel for the petitioners is that the police authorities being unmindful of the actual provisions of the NDPS Act and the NDPS Rules have harassed even the bona fide chemists in the State holding a valid and legal licence in accordance with the provisions of the D&C Act and the 1945 Rules. In this regard it needs to be mentioned that the instance of unnecessary harassment are indeed unfortunate and these need to be seriously viewed by the Courts. The provisions of the NDPS Act including providing for prosecution in respect of manufactured drugs are stringent and harsh. These have been enacted to curb menace of drug trafficking. In Nirnajan Singh Karam Singh Punjabi v. Jitendra Bhimraj Bijja, AIR 1990 SC 1962, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did not intend to be covered by the express language of the statute are not roped in by stretching the language of the law. However, on that account to say that the offenders who have contravened and indulged in clandestine sale of narcotic drugs and manufactured drugs that have been notified by the Central Government in the official gazette, besides, psychotropic substances are to be penalized only under the D&C Act and the 1945 Rules would not be the correct position in law. It is for the State to prosecute the offenders wherever the provisions of the NDPS Act and the NDPS Rules have been violated in accordance with the said provisions rather than to say that such offenders can only be penalized under the D&C Act and the 1945 Rules. In other words, wherever there is a violation of the provisions of the NDPS Act and the NDPS Rules, then the offence comes within the ambit of the said Act and the Rules. The prosecution against the offenders can, therefore, be validly launched under the NDPS Act. 43. The Delhi High Court in Rajinder Gupta v. State, 2006 Criminal Law Journal 647 referred to Rule 97 (1) of the D&C Rules and observed as follows:- "Rule 65 (1), inter alia, provides ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 14.11.1985 and subsequent notification dated 29.1.1993 would entail prosecution under Section 21 of the NDPS Act. Therefore, in each case it would be required to be seen whether the drug in respect of which there is alleged to be a contravention by an offender is indeed in violation of the NDPS Act and this is to be determined and examined with reference to the notified manufactured drugs as mentioned in the notification dated 14.11.1985 and 29.1.1993. The contravention of psychotropic substances mentioned in the Schedule to the NDPS Act and the Schedule 'I' to the NDPS Rules in violation of the same may also entail prosecution under the NDPS Act. Besides, it would be also required to be examined whether the percentage of the drug is within the permissible limit as has been provided for. However, the bulk quantity, in respect of which there is a contravention or is recovered from an unauthorized person would be indicative of the fact that it was not being used for medicinal or therapeutic purposes but as a drug to sedate or for intoxication or to give a sharp stimulating effect to get an unhealthy thrill so as to get a 'kick'. It is to be kept in mind that drugs wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Hospitals, Dispensaries and Nursing Homes shall be made only against the signed order in writing which shall be preserved by the licensee for a period of two years." 46. A perusal of the above Rule 65 (9) (a) and (b) mandates that the substances specified in Schedule 'H' or Schedule 'X' are to be sold in accordance with the prescription of a registered medical practitioner and in case of substances in Schedule 'X' the prescription is to be in duplicate and one copy of the same is to be retained by the licensee for two years. Insofar as the supply of drugs specified in the said Schedule 'H' or Schedule 'X' to registered medical practitioners, hospitals, dispensaries and nursing homes are concerned, the same are to be made only against the signed order in writing which are to be preserved by the licensee for two years. Therefore, it is not as if the drugs mentioned in Schedule 'X' can be carried by any licensee in any manner that he likes or can be received by him without adherence to the D&C Act and the 1945 Rules. The drugs which are mostly misused in Schedule 'H' as already noticed are Codenie, Dextropropoxyphene, Dipheno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y other officer authorized by the Government in this behalf in accordance with the provisions of these rules. 19. Prohibition of transport, import interstate or export inter-state by post.- Save as otherwise provided nothing in these rules shall be deemed to permit the transport, import inter-state or export interstate of manufactured drugs by means of post." 48. In terms of Rule 17, no person is to possess any manufactured drugs unless lawfully authorized under the Rules. Rule 18 relates to transport, import inter-state or export inter-state of manufactured drugs. In terms thereof, a person referred to in Rule 17 i.e. a lawfully authorized person to possess manufactured drugs may transport, import inter-State and export inter-State manufactured drugs other than prepared opium and coca leaf in such quantity and in such manner, as may be specified in the permit issued by the Drugs Controller or the Director Ayurveda Punjab (for Unani and Sidha drugs) as the case may be, or any other officer authorized by the Government in this behalf in accordance with the provisions of these Rules. Therefore, the cases in which where persons are transporting manufactured drugs specially in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll forms) 1 gram (v) Medicinal Opium in the form of 30 gram Ayurveda and Unani medicines containing more than 0.2 per cent morphine in the preparations. (vi) any other manufactured drug 100 doses: Provided that a Medical Practitioner of the indigenous systems of medicines, may possess only those manufactured drugs, which are included in the indigenous system of medicine: Provided further that the Drug Controller or the Director, Ayurveda Punjab, as the case may be, with the prior approval of the Government, authorize any Medical Practitioner to possess the aforesaid manufactured drugs in any larger quantity. Explanation.- The term 'use in his practice' covers only the actual direct administration of the drugs in injections, surgical operations or other emergent cases by or in the presence of Medical Practitioner. (2) A Medical Institution duly registered under the provisions of Sub Rule (4), may possess such quantity of manufactured drugs other than the prepared opium and coca leaf, as may be permitted from time to time by the Drugs Controller or the Director, Ayurveda, Punjab, as the case may be, keeping in view the number of Medical Practitioners work ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... key. (viii) While carrying drugs to the house of a patient, the Medical Practitioner shall take full precautions for the safe custody of manufactured drugs. Thefts and losses of manufactured drugs should be forthwith reported to the nearest Police Station. (ix) All records including registers and day book must be kept for not less than two years from the date of the last entry therein. (4) A Medical Practitioner or a Medical Institution wishing to possess or dispense the manufactured drugs for use in practice, shall get registered on an application made to the Drugs Controller or the Director, Ayurveda Punjab, as the case may be, alongwith such fee as may be notified by the Government from time to time. The full particulars of such registration shall be maintained in a register in Form No. ND-6. The Drugs Controller or the Director Ayurveda, Punjab, shall, immediately after the registration of the Medical Practitioner or a Medical Institution, issue a 'Registration Certificate' in Form No. ND-7 which shall be produced on demand by the inspector for inspection." 50. The above Rules give details, requirements for possession of drugs by Medical Practitioner and Medi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t have the force of law. They are intended to guide the officers and to see that a fair procedure is adopted by the officer in-charge of the investigation. It is true that when a contraband article is seized during investigation or search, a seizure mahazar should be prepared at the spot in accordance with law. There may, however, be circumstances in which it would not have been possible for the officer to prepare the mahazar at the spot, as it may be a chance recovery and the officer may not have the facility to prepare a seizure mahazar at the spot itself. If the seizure is effected at the place where there are no witnesses and there is no facility for weighing the contraband article or other requisite facilities are lacking, the officer can prepare the seizure mahazar at a later stage as and when the facilities are available, provided there are justifiable and reasonable grounds to do so. In that event, where the seizure mahazar is prepared at a later stage, the officer should indicate his reasons as to why he had not prepared the mahazar at the spot of recovery. If there is any inordinate delay in preparing the seizure mahazar, that may give an opportunity to tamper with the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tances for cogent reasons to be recorded by the presiding officer; nodal officers be appointed by all the departments dealing with NDPS cases for monitoring the progress of investigation and trial; there must be a one 'Pairvi' officer or other such officer for each Court who shall report the days proceedings to the nodal officer assigned for that Court; District and Sessions Judge shall make a recommendation for appointment of public prosecutor who play the most important role in the administration of justice in consultation with the Administrative Judge/Portfolio Judge/Inspecting Judge in charge of looking after the administration of concerned Sessions Division and filing of charge-sheet and supply of other documents must also be provided in electronic form, however, this direction must not be treated as substitute of hard copies of the same which are indispensable for Court proceedings. The contention of the learned counsel for the petitioners which needs serious attention is that the reports from the FSL are delayed which entails unnecessary incarceration of an alleged offender even though the drugs with which he is alleged to have committed a contravention may be within ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion or that has been recovered. In such cases to await the outcome of the final FSL report where there is likely to be delayed, the accused may be released on interim bail. In Sukhwant Singh v. State of Punjab, (2009) 7 SCC 539, it has been held by the Hon'ble Supreme Court as follows:- ....... following the decision of this Court in Kamlendra Pratap Singh v. State of U.P. (2009) 4 SCC 437 we reiterate that a court hearing a regular bail application has got inherent power to grant interim bail pending final disposal of the bail application. In our opinion, this is the proper view in view of Article 21 of the Constitution of India which protects the life and liberty of every person. When a person applies for regular bail then the court concerned ordinarily lists that application after a few days so that it can look into the case diary which has to be obtained from the police authorities and in the meantime the applicant has to go to jail. Even if the applicant is released on bail thereafter, his reputation may be tarnished irreparably in society. The reputation of a person is his valuable asset, and is a facet of his right under Article 21 of the Constitution vide Deepak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d subsequent notification dated 29.01.1993 issued in exercise of power conferred by Section 2 (xi) (b) NDPS Act. However, the contravention of manufactured drug or possession of quantity in bulk is to be taken into consideration and not per dosage specially when there is a violation of the D&C Act and the 1945 Rules that is to say they are sold, purchased, distributed, stored, transported, carried etc. without a valid licence or kept without a valid authorization. The possession of quantity in bulk would be an indication that it is not for medicinal or therapeutic use but is sought to be misused by drug addicts and drug traffickers and would be treated as applicable to the entire quantity recovered of anyone or more narcotic drug or psychotropic substance of that particular drug in dosage forms and not just its pure drug content. (vi) When a manufactured drugs are sold, purchased, distributed, stored, transported, carried etc. in bulk form, the notification dated 18.11.2009 issued by the Central Government in exercise of powers under Section 2 (viia) and (xxiiia) NDPS Act would apply and the question that these drugs contain an exception in terms of notification dated 14.11.1985 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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