SUNIL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been filed by the petitioners for the purpose of setting aside the charge which has been framed against them by the Special Judge, Dhar in the matter of Special Case No. 4/96 by which they have been charged for committing an offence punishable under the provisions of S. 8/21 of Narcotic. Drug and Psycotropic Substances Act, 1985 (hereinafter referred to as Act for convenience. They have been charged with the allegations that on 5.1.96 at 3.30 p.m. they were found in possession of 930 gms. of paracetamol at the locality known as Badi Chopati at Badnawar. The prosecution charge is that by possessing paracetamol they had committed offence punishable under 8/21 of the Act. Papers of investigation show that T.I. of Badnawar Police Station got the information that the petitioners were travelling by bus bearing No. MBN -1166 belonging to Udai Travels which was coming from Mandsaur side. The raiding party apprehended the present petitioners and their persons were searched in presence of panch witnesses. In the search they were found possessing 930 gms. of a powder in a briefcase which was lying near their feet in the bus. The said powder was sent to FEE for analysis. By the report dtd. 8.4.96 bearing No. A.V.V. Pr./ee/C -7/96. The assistant analyst, Prakash Chandra Dube reported that the said powder was not containing diacotyle worphin (herein). However, it was containing paracetomal (antiparotic/analgecie)

(2.) SHRI Khan, learned counsel appearing for the petitioners argued that paracetamol (antiparotic/analgecie) does not come under the purview of provisions of Act and, therefore, the petitioners cannot be tried for an offence punishable under provisions of the Act and, therefore, the trial Court should have discharged them instead of framing charge against them. For supporting his argument Shri Khan has placed reliance on 'Pharmacopocia of India' (The Indian Pharmacopocia) Vol. 1. Third Edition published by the Controller of Publications, Delhi 1985 on the behest of Government of India, Ministry of Health and Family Welfare. He pointed out that on page 359 of this book paracetamol has been described which shows that it is not a narcotic drug, psycotropic substance of manufactured drug which come under the purview of the Act. He also placed reliance on 'Pharmacologh and Pharmacotherepeutics, revised Tenth Edition by R.S. Satoskar and S.D. Dhandarkar published by Popular Prakashan Bombay. He pointed out that at page 145 of this book paracetamol has been described which also shows that it is not either narcotic drug, psycotropic substance or manufactured drug which come within the purview of the provisions of the Act.

(3.) S . 2 (iii) defines 'Cannabis (hemp) as -(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;