Nawab Singh, J. - (1.) BY this petition, under Section 482 of Code of Criminal Procedure, Petitioner seeks quashing of First Information Report (for short 'FIR) No. 149 dated September 25th, 1999 registered under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the NDPS Act"), Police Station A Division, District Amritsar.
(2.) ON September 25th, 1999 Petitioner was apprehended by Station House Officer, Police Station A Division, Amritsar while he was carrying a bag containing 12 injections of Phenirmine Maleate IP Mexafen and 10 bottles of Diazepam injections without valid licence. The Petitioner was arrested. Learned State counsel has stated that so far as possession of 12 injections of Phenirmine Maleate IP Mexafen is concerned, it does not fall under the NDPS Act. However, possession of 10 injections of Diazepam contravenes the provisions of the Act because this drug is mentioned at serial No. 43 in the list of 'Psychotropic Substances' in the schedule to the Act.
(3.) ON the other hand, learned Counsel for the Petitioner has urged that in schedule H to the Drugs and Cosmetics Rules, 1945 under the heading 'Prescription Drugs' Diazepam has been shown at Serial No. 147 and Rule 65 -A of the NDPS Rules says that no person would sell, purchase, consume or use any psychotropic substance except in accordance with the Rules. Meaning thereby that this medicine could be sold, of course, after having a valid licence under the Drugs & Cosmetics Act, 1940. In view of this, possession of this medicine does not fall under the Act.;