KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge is to the order dated July 1st, 2005 passed by Special Judge, Moga, whereby, petitioner was ordered to be charged under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and was chargesheeted accordingly.

(2.) On April 7th, 2005 petitioner was intercepted by Darshan Singh, Assistant Sub-Inspector, Police Station Kot Ishe Khan, District Moga. He was carrying a bag. Search of the bag was made. It was found containing 100 injections of G- Norphine and 1000 tablets of Phenotil without valid licence. He was arrested. Chargesheet/ challan against him was filed under Section 21 of the NDPS Act.

(3.) Learned counsel for the petitioner has submitted that in view of the report of Deputy Director (Toxicology), Forensic Science Laboratory, Chandigarh (Annexure P-2), offence under Section 21 of the NDPS Act is not made out against the petitioner because the articles recovered are manufactured drugs and in view of the notification dated November 14th, 1985 in which a declaration had been made in terms of sub clause B of clause (xi) of Section 2 of the NDPS Act identifying various narcotic substances and preparations to be manufactured drugs and the letter written by Government of India, Ministry of Finance (Department of Revenue), Narcotics Control Bureau (Annexure P-4).