RAJINDER GUPTA Vs. STATE

JUDGEMENT

(1.) The common questions in these bail applications are:

(2.) In the first instance, it is to be determined as to whether Buprenorphine Hydrochloride I.P. injections are covered under the definition of psychotropic substances under the NDPS Act. If they are not to be regarded as psychotropic substances then, clearly, no offence under the NDPS Act would be made out and the petitioners would straight away be entitled to be enlarged on bail. On the other hand, if it were to be held that the same were psychotropic substances then Question No.2 would require an answer. It would have to be seen as to whether merely because Buprenorphine Hydrochloride was a psychotropic substance this in itself would entail that its manufacture, sale, possession, transport, etc., would trigger the punishments under the NDPS Act, particularly the punishment under Section 22 thereof.

(3.) Let me examine the provisions with regard to Buprenorphine Hydrochloride in the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the D&C Act ), the Drugs and Cosmetics Rules, 1945 (hereinafter referred to as the D&C Rules ), the NDPS Act and the NDPS Rules. Rule 65 of the D&C Rules prescribes the general conditions for licences in Forms 20, 20A, 20B, 20F, 20G, 21 and 21B. For example sub-rule (3)(1) of Rule 65 stipulates that the supply of any drug, other than those specified in Schedule X, on the prescription of a Registered Medical Practitioner shall be recorded at the time of supply in a prescription register specially maintained for the purpose and the serial number of entry in the register shall be entered on the prescription. Several particulars are required to be entered in the Register such as, serial number of the entry, the date of supply, the name and address of the prescriber etc. In the case of a drug specified in Schedule `H', it is also necessary to record the name of the manufacturer of the drug, its batch number and the date of expiry of potency, if any. Rule 97 of the D&C Rules contains stipulations with regard to the labelling of medicines. It specifically provides that the container of a medicine for internal use shall, if it contains a substance specified in Schedule `H', be labeled with the symbol Rx conspicuously displayed on the top left corner of the label and shall also be labelled with the following words:-