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[21] The said notification has been issued in exercise of power conferred by sub clause (b) of clause (xi) of Section 2 NDPS Act, in terms of which the Central Government has declared the narcotic substances and preparations mentioned therein to be "manufactured drug". Insofar as the drugs mentioned in the present cases are concerned, it may be noticed that in the case of Inderjeet Singh @ Laddi (CRM No. M-13140 of 2012), 30 Rexcof bottles containing 5.88 gms of codeine; 1500 Momolit of tablets containing 3.45 gms of Diphenoxylate; 500 Phenotil tablets containing 1.1 gms Diphenoxylate and 150 Parvon Spas capsules containing 9.70 .
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[35] Similarly, in the case of Rani v. State of Punjab (CRM .
No. M-14461 of 2012) 2170 Parvon Spas capsules and 900 other capsules having mark of Subhimol were recovered. As per the Chemical Examiner's Report, the Parvon Spas capsules contained salt Dextropropoxyphene Hcl 74.90 mg and capsules Subhimol contained salt of Dextropropoxyphene Hcl of 74.96 mg. In Mohd. Shamshad v. State of Punjab (CRM No. M- 20282 of 2012), 500 capsules of Parvon Spas were recovered which as per the Chemical Examiner's report contained Dextropropoxyphene Hcl. Mostly the manufactured drugs in rt respect of which there is a contravention contain Dextropropoxyphene, Codeine and these according to the learned counsel for the petitioners are not 'manufactured drugs' so as to come within the purview of the NDPS Act. However, in terms of notification dated 14.11.1985 these are specifically mentioned as 'manufactured drugs' and contravention of these would be an offence under Section 21 of the NDPS Act, which relates to punishment for contravention in relation to manufactured drugs and preparations; though these may also be an offence under the D&C Act and the 1945 Rules. The question that these provide for exception would not be of much consequence as these are carried in a bulk form and in such a manner that they are not intended to be used for medicinal purposes but are intended to be used for intoxication and getting a stimulating effect.