State Of Uttaranchal vs Rajesh Kumar Gupta on 10 November, 2006
In State of Uttaranchal
v. Rajesh Kumar Gupta's case (supra), huge quantity of allopathic
medicines containing psychotropic substances were recovered from
the accused who was working as medical practitioner. The drugs
were used for medical purposes. The Hon'ble Apex Court held that
drugs fell within the purview of schedule 'G' and 'H' of the Drugs and
Cosmetics Act and prima-facie provisions of N.D.P.S.Act will not be
applicable. In the present case, the petitioner was found to be in
possession of capsules Proxyvon, parvon spas, spasmo, proxyvon
and injections Nargesic and Avil. Since the petitioner is in custody
since 7th September, 2010 and challan has not yet been presented
and trial may take some time in final conclusion, no useful purpose
will be served by keeping the petitioner in custody.