(1.) "The petitioner is the first accused among the two accused in Crime F. No. DRl/HZU/48B/ENQ-39(INT-29)/2017,(DRI, Hyderabad) of Sanga Reddy District registered for the offences punishable under Sec. 9A r/w 25 A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, "Act").
(2.) The petitioner/A1 is in judicial custody since 15-11-2017 for the date of the offence 14-11-2017 from which the crime is registered. The contraband involved is Ephedrine and its salts. It is notified by SO834E dated 26-03-2013 as one of the controlled substances under the Act. So far as the controlled substance concerned, there is no table in the schedule given as to same is possible of ascertainment as to involvement of the small quantity or commercial quantity or in between. Even,in the table defining the small quantity and commercial quantity and in between, the said contraband Ephedrine is not shown.
(3.) Sec. 25A of the Act speaks that if any person contravenes an order made under Sec. 9A, he shall be punishable with Rigorous Imprisonment for a term which may extent to ten years and shall also be liable to fine which may extend to one lakh rupees, provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding Rs. One lakh. So far as Sec. 9A of the Act, which is incorporated by amended Act 2 of 1989 with effect from 29-05-1989 in the main Act of 1985 concerned, it speaks that if the Central Government is of the opinion that, having regard to the use of any controlled substance in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein. Sub-section (2) provides that without prejudice to the generality of the power conferred by subsection (1), an order made thereunder may provide for regulating by licences, permits or otherwise, the production, manufacture, possession, transport, import inter-State, export inter-State, sale purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled substance.