STATE OF PUNJAB Vs. VINOD KUMAR

JUDGEMENT

(1.) The State of Punjab has preferred this revision against the order dated 21-7-90, passed by Sh. Gurjit Singh Sandhu, Sessions Judge, Sangrur, vide which the respondent was ordered to be discharged in respect of case, FIR No. 44 dated 12-4-89, registered for offence u/S. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act in brief), at Police Station Malerkotla.

(2.) The case against the respondent was registered on the allegations that he was found in possession of 6 kilo 500 grams of intoxicant tablets on 12-4-89, without any permit or licence. The sample was sent to Forensic Science Laboratory, Chandigarh which gave the opinion that the tablets contained Barbiturate. The learned Sessions Judge, after hearing the parties, recorded a finding that the Barbiturate was not a salt, as described in the Schedule of the Act and as such, no offence was made out.

(3.) S. 2(xxiii) of the Act, defines "psychotropic substance" as follows : "Psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule."