charge sheet, even the report of FSL is silent
regarding the percentage of narcotic content in the capsules. Learned counsel
further argued that ... charge
sheet, even the report of FSL is silent regarding the percentage of narcotic
content in the capsules.
7. Admittedly, the status report filed
does not make any distinction between manufactured drugs
with a miniscule percentage of narcotic substance and other mixture of
narcotic drugs or psychotropic substance ... BAIL APPLN 1136/2021 Page 12 of 14
miniscule percentage of a narcotic substance, the weight of the
neutral substance ought to be ignored while
another sample of smack was sent to FSL for determining the percentage of narcotic substance in it and the analysis showed that the percentage
cases specifically related to
manufactured drug with a miniscule percentage of a
narcotic substance, the weight of the neutral
substance ought to be ignored while ... BAITAL
Signing Date:16.09.2022
11:05:37
drugs with a miniscule percentage of narcotic
substance and other mixture of narcotic drugs or
psychotropic substance
NAGAMUTHU, J.
"Whether in the absence of exact quantity/percentage of narcotic
drug/psychotropic substance found in the seized contraband, the punishment for
contravention ... held as follows:-
64. In the absence of quantity/exact percentage of narcotic drug in
Ex.P.17, Chemical Analysis report, in the considered opinion
narcotic was sent for chemical analysis by the court, to determine percentage of narcotic in the entire seized contraband, which was received in the laboratory ... analysis report regarding the percentage of narcotic dated 3.4.2010 indicate that in 2.940 Kgm 5.6% and in 0.940 Kgm9.8% heroin were found. This
make any distinction between "manufactured drugs" with a
miniscule percentage of narcotic substance and other mixture of narcotic drugs or
psychotropic substance ... Narcotic Drugs and Psychotropic
Substances Rules, 1985 (NDPS Rules, for short) made under Section 9(1)(a)(va) of
the NDPS Act, then the violation
held inapplicable to the manufactured drug which
contains a minuscule percentage of a narcotic
drug?"
Ans: If the alleged contraband seized falls within ... facie violation of Section 8 of
the NDPS Act, they were charged under Section 22 of the
NDPS Act.
15. In light of the above
distinction is made out for manufactured drugs with a small
percentage of narcotic substance. The judgment passed by
learned Single Judge of the Delhi High ... cases specifically related to manufactured drug
with a miniscule percentage of a narcotic substance, the weight
of the neutral substance ought to be ignored while
therefore, it cannot be said with exactitude as to what percentage of narcotic was present in the total quantity of seized contraband and, therefore, conviction ... Government Opium and Alkaloid Works, Ghazipur, for determining exact quantity of percentage of narcotics in the entire seized contraband;
(k) It is also
