NAWAB SINGH J. - (1.) CHALLENGE is to the order dated October 30th, 2003 passed by Special Judge, Fatehgarh Sahib, whereby, petitioner was ordered to be charged under Section 21 & 22 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'the NDPS Act') and was charge-sheeted accordingly.
(2.) THE accusation against the petitioner was that he was proprietor of a chemist shop in the name and style M/s Kismat Medical Store, Fatehgarh Sahib. On August 5th, 2003 following drugs were recovered from his shop :- 1. 4400 capsules of Hypnodor-10 2. 790 tablets of Nitraz-10 3. 1000 tablets of Nitrazepam Enzed-10 4. 600 capsules of Parvon Spas 5. 400 tablets of Nitrazepam 6. 2000 tablets of Phenotil 7. 50 capsules of Dexavon 8. 88 capsules of Proxyvon 9. 100 injections of Norphine The drugs were sent to the Forensic Science Laboratory, Punjab, Chandigarh for analysis and vide its report dated August 29th, 2003 following ingredients were found in the drugs:- 1. Nitrazepam 2. Diphenoxylate 3. Atropine Sulphate 4. Dextropropoxyphene Hydrochloride 5. Dicyclomine Hydrochloride 6. Acetaminophen/Paracetamol 7. Buprenorphene Hydrochloride
(3.) LEARNED counsel for the petitioner has urged that as per reply filed by the State, only two drugs, that is, Nitrazepam and Buprenorphene Hydrochloride mentioned at serial No. 64 and 92 of the schedule of the NDPS Act respectively fall under the list of 'Psychotropic Substance' and no other drug seized. Both these drugs do not find place in schedule I appended to the NDPS Rules. Nitrazepam drug is mentioned at serial No. 360 in schedule H of the Drugs and Cosmetics Rules under the heading 'Prescription Drugs' and as such does not attract the provisions of the NDPS Act.;