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1 - 10 of 14 (0.21 seconds)The Drugs And Cosmetics Act, 1940
Section 8 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 67 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 22 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 2 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 8 in The Code of Criminal Procedure, 1973 [Entire Act]
Jairamdas vs Regional Transport And Ors. on 30 April, 1957
He also
further submitted that in the case of Jairamdas Vs.
Regional Transport, AIR 1957 Re. 312, 316, it is held
that where a case falls within the plain meaning of a
provision of law, its application thereto cannot be
denied on any a prior consideration as to the
supposed intentions of the legislature. Even
otherwise, had it been so that the drug which is nto
CR.MA/3912/2010 13/18 ORDER
mentioned in the Schedule I of the N.D.P.S. Rules
cannot be brought under charges of "Prohibition",
then it would nto be possible to seize OPIUM - one of
the most abused drug, because it does not place in
the Schedule I of the N.D.P.S. Rules. Further, it that
be the case, then legislature would not have
considered some drugs which are not covered under
Schedule-I for "death penalty" for second offence
under Section 31-A of the Act. The fact is that such
drugs are there in the table shown under Section 31-
A. It is further submitted by him that granting of
the bail in Mumbai is in another case, where
Ephedrine and Methamphetamine were seized from a
flat in absence of these accused and has different
merit, whereas in the case on hand, all had a joint
possession of drug while trafficking the same from
Vadodara to Mumbai in Innova Car.
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
The State Of Maharashtra vs Laxmichand Varhomal Chugani on 31 August, 1977
9. He also further submitted that if
Methamphetamine is listed in the Drugs and Cosmetics
Act/Rules then N.D.P.S. Act will not come into play.
Because, primary, idea and essence of the provisions
of Drugs and Cosmetics Act is that no sub-standard
drug shall be sold in the market and no one will sell
CR.MA/3912/2010 14/18 ORDER
even a genuine drug without a licence. This is the
essence of provisions of the Drugs and Cosmetics
Act, which is reported in the case of State of
Maharashtra Vs. Laxmichand Varhowal Chugani, reported
in 1988 (1) FAC 94, 97(Bom.).