KISMAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE is to the order dated October 30th, 2003 passed by Special Judge, Fatehgarh Sahib, whereby, petitioner was ordered to be charged under Section 21 & 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and was charge-sheeted accordingly.

(2.) THE accusation against the petitioner was that he was proprietor of a chemist shop in the name and style M/s Kismat Medical Store, Fatehgarh Sahib. On August 5th, 2003 following drugs were recovered from his shop :-

(3.) LEARNED counsel for the petitioner has urged that as per reply filed by the State, only two drugs, that is, Nitrazepam and Buprenorphene Hydrochloride mentioned at serial No. 64 and 92 of the schedule of the NDPS Act respectively fall under the list of 'Psychotropic Substance' and no other drug seized. Both these drugs do not find place in schedule I appended to the NDPS Rules. Nitrazepam drug is mentioned at serial No. 360 in schedule H of the Drugs and Cosmetics Rules under the heading 'Prescription Drugs' and as such does not attract the provisions of the NDPS Act.