INDERJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of references made by the learned Single Judge in Inderjeet Singh @ Laddi v. State of Punjab CRM No.M- 13140; Ravinder Singh @ Rinku v. State of Punjab CRM No. M-1379 of 2013; Rani v. State of Punjab CRM No. M-14461 of 2012 and Mohd. Shamshad v. State of Punjab CRM No. M-20282 of 2012. In Inderjeet Singh @ Laddi v. State of Punjab (Crl. Misc. No. M-13140 of 2012), the petitioner was apprehended with the following 'manufactured drugs' as per the report of the Forensic Science Laboratory ("FSL" - for short):-

(2.) It is contended on behalf of the petitioner on the strength of two judgments of this Court in Baljit Singh v. State of Punjab,2003 1 CriCC 4 and Manjit Singh v. State of Punjab, 2011 1 RCR(Cri) 907 that the substances allegedly recovered from the petitioner being 'manufactured drugs' do not come within the purview of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act" - for short) and the petitioner can at best be prosecuted and tried for the offences, if any, under the Drugs and Cosmetics Act, 1940 ("D&C Act" - for short).

(3.) On behalf of the State it is contended that the substances recovered from the petitioner or in respect of which there has been a contravention are 'manufactured drugs' covered by the provisions of Section 2 (xi) NDPS Act and in view of the FSL report, their prosecution and trial for committing an offence under the NDPS Act is maintainable.