Diphenoxylate', though in the FIR it was stated to be 'Amphetamine'.
The report under Section 173 having been submitted to the trial ... shown that the recovery is of Amphetamine powder, weighing 170 grams,
whereas as per the FSL report Ex. P-6, the powder allegedly recovered from
petitioner/A.1 and
the alleged seizure of 231.015 kilograms of Amphetamine from
the possession of A.2 and A.3 in this crime. There ... laboratory to manufacture the
contraband. The officials have seized 9.143 kilograms of
Amphetamine from the rented premises of the petitioner/A.1.
The allegations
were apprehended at
the Kolkata Railway Station with about 195 kg of amphetamine
tablets.
It appears that in course of subsequent investigation,
about ... amphetamine tablets were recovered from Room
Nos. 5 and 6 at the Indian company's factory. It is the
petitioners' case that such
report Ex.P15. He received opinion of
customs house, Chennai regarding amphetamine found in
sample articles. Again he sent the sample articles to CSFL ... opined that sample articles responded
positive for the presence of Amphetamine. In his cross
examination he has not specifically denied that Amphetamine
is a medicine
chromatographic examinations the presence of
Diacetylmorphine (Heroin), Morphine, Ephedrine,
Pseudoesphedrine, Ketamine, Cocaine, Amphetamine,
Methamphetamine and Methaqualone could not be
ascertained in the sample under reference
through
Narcotic kit and prima facie inspection indicated the
material could be Amphetamine derivatives. It is further
the prosecution case that thereafter all the polythene ... material was inspected whereby prima facie it indicated
the material could be Amphetamine derivatives. It is
further the prosecution case that therefore
upon chemical analysis, the said recovered contraband was
found to contain "Amphetamine".
3. The learned counsel for the petitioner has submitted that
possession 125 gms of
Methylenedioxyamphetamine (MDA), a psychedelic drug of
the amphetamine family that is used mainly as a
recreational drug.
4. The learned counsel
petitioner in the alleged possession of
tablets containing 200 gms. amphetamine which is above
commercial quantity and in view of the statutory restrictions
under Section
peppernol and the same could be used in thesynthesis of
derivatives of amphetamine type drugs. Further opined that as
per tests HPTLC and FTIRS