- (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):- a) 30 Rexcof bottles containing 5.88 gms of codeine. b) 1500 Momolit of tablets containing 3.45 gms of diphenoxylate. c) 500 Phenotil tablets containing 1.1 gms diphenoxylate. d) 150 Parvon Spas capsules containing 9.70 gms of dextropropoxyphene.
(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.;