SURINDER KUMAR Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) SURINDER Kumar has come to this Court in this revision against the orders dated 14.6.1991 passed by Shri Maghar Khan, Additional Sessions Judge, Bhatinda vide which the petitioner was charged for offences under Section 21 and 22 of the ND and PS Act (hereinafter referred to as the Act).

(2.) THE petitioner has been sent up for trial on the allegations that on December 13, 1990, S.I. Darshan Singh acting on a secret information that the petitioner was in the habit of keeping and selling intoxicant tablets, carried out a raid at the chemist shop being run by the petitioner. On the basis of the information supplied by the petitioner, three boxes of plastic each containing 1300 intoxicant tablets were recovered. Samples were drawn and one of the samples was sent to the Forensic Science Laboratory, from where it was confirmed that the same contained codeine, which is a derivative of opium. On the basis of this report the petitioner was sent up for trial.

(3.) THE petitioner claims that the tablets were a manufactured drug and did not contain more than 100 mgs. of Codeine per dosage unit and as such was not covered by the definition relied upon by the prosecution. Relevant part of the notification No. S.O. 826 (E) dated November 4, 1985 published 14.11.1985 PP 6-11 No. 2/86-F. N. 664/8/86 OPIUM by the Ministry of Finance (Department of Revenue) is as follows :-