been contended by learned counsel for
respondent-State that as per notification dated 18.11.2009 issued by the
Central Government, Ministry of Finance, Department of Revenue ... same contains
Diphenoxylate Hydrochloride. As per entry 44 of the notification dated
09.10.2001 more than 50 grams of Diphenoxylate hydrochloride is
commercial. Hence, in view
Diphenoxylate hydrochloride
in sample of 10 grams.
As per the latest notification dated 18.11.2009 issued by the
Central Government, Ministry of Finance, Department of Revenue ... commercial or non-
commercial. As per entry 44 of the notification dated 09.10.2001 more than
50 grams of Diphenoxylate hydrochloride is commercial. In this case
Further contends that as per latest notification bearing
No.S.O.2941(E) dated 18.11.2009, the entire weight of the tablets is to be
taken ... notification issued vide notification No.S.O.2941
Crl.M.No.M-17142 of 2010 (O&M) -5-
(E) dated 18.11.2009, the quantities shown
within the definition of
manufactured drugs as per the said notification.
Moreover, subsequent notification issued by Central
Government in exercise of powers conferred by Clauses ... phenylpiperidine- 4-
carboxylic acid ephyl
ester
Another notification bearing No.S.O.2941(E) dated 18.11.2009
has been issued by the Central Government, which reads
notification issued under Section 2
(xi) of the Act by the Central Government. Further as per latest notification
No.S.O.2941(E) dated 18.11.2009 ... already stated above, in view of the latest
notification No. S.O.2941(E) dated 18.11.2009 (supra) plea cannot be
accepted as entire quantity
notification aforementioned.
The recovery is commercial one as per entry at serial no. 44 of
the notification no. S.O.1055 (E) dated 19.10.2001 issued ... NDPS Act and as per notification no.
S.O. 2941 (E) dated 18.11.2009 the entire mixture is to be taken into
consideration for determining
entry No.58 of Notification Nos.S.O.826(E) dated 14.11.1985 and S.O.40
(E) dated 29.1.1993 issued by Central Government under Section ... that as per
Notification No.S.O. 1055(E) dated 19.10.2001 and subsequent Notification
No.S.O.2941(E) dated 18.11.2009, the recovered manufactured drugs
CHANDIGARH.
Crl.M.No.M-27672 of 2013(O&M)
Date of Decision: August 26, 2013
Kulwinder Singh alias Shamma
.....Petitioner
v.
The State ... analysis found containing codeine phosphate.
As per Notification bearing No.S.O.2941(E) dated 18.11.2009, entire
quantity is to be seen to determine
comes under the definition of manufactured drug. Further
as per notification No.527(E) dated 16.7.1996 issued by Central
Government, as per entry ... grams is commercial
quantity. As per latest Notification No.S.O.2941(E) dated 18.11.2009,
entire mixture is to be seen to determine
grant
of regular bail to the petitioner in case FIR No.179, dated 7.10.2011, under
Section 22 of the Narcotic Drugs and Psychotropic Substances ... sample of 10 grams. As per notification issued vide Notification No.2941
(E) dated 18.11.2009, the entire mixture is to be considered and hence,
recovery
