JOY KUMAR SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) A sub-Inspector of police, Criminal Investigation Department (for short, 'CID'), Assam, lodged, on 01.12 .2009, a First Information Report with the Officer-in-Charge, CID Police Station, Assam, alleging, inter alia, thus: Acting on a secret information, the informant, along with his team of officials, on 30.11 .2009, at 2.40 p.m., conducted search of a night super bus parked at Lalong Gaon, Lokhra, near National Highway 37, in presence of its driver, Lairenlakpam Thoiba Singh, its handyman, Azmeer Hussain, and some witnesses. On the search, so conducted, 31,298 (thirty-one thousand two hundred and ninety-eight) numbers of Spasmo Proxyvon capsules were found kept concealed in two secret chambers specially made inside the bus. The said capsules were accordingly seized and, on a query made by the informant, the driver and handyman failed to produce any document authorizing them to carry the said capsules.

(2.) BASED on the information, so lodged, CID Police Station Case No. 31/2009 under Sections 380/411 IPC read with Section 22(c)/29 of the Narcotic Drugs and Psychotropic substances Act (in short, 'the NDPS Act') was registered. The samples were sent to Forensic Science Laboratory (for short, 'the FSL'), which reported that the chemical examination of the samples gave positive test for pro-poxyphene and the amount of pro-poxyphene was found to be 497.50 m.g. and 479.91 m.g . respectively. On completion of investigation, charge-sheet was laid and the case has come to be registered as Sessions (Special) Case No. 375/2009. By order, dated 05.05.2010, learned Additional Sessions Judge, Kamrup, has fixed the case for consideration of charge.

(3.) APPEARING on behalf of the petitioner, it has been contended by Mr. Sharma that the prosecution of the accused, under Section 22(c) of the NDPS Act, is bad in law inasmuch as Section 22 prescribes punishment if the contravention of the provisions of the NDPS Act or Rules or Orders made or conditions of licence, granted thereunder, is in respect of any psychotropic substance. In order to be a psychotropic substance, contends Mr. Sharma, the substance, in the light of the definition of psychotropic substance, as contained in Section 2(xxiii), must be included in the list of psychotropic substances, specified in the schedule to the NDPS Act.