STATE OF UTTARANCHAL versus RAJESH KUMAR GUPTA
Since the seized drugs (phenobarbitone, Schedule G and H drugs under Drugs and Cosmetics Act) are used for medicinal purposes and are not listed in NDPS Rules Schedule I, Section 8 NDPS Act does not apply and Section 37’s rigour does not bar bail; High Court rightly granted bail.
- Parties
- Appellant: State of Uttaranchal; Respondent: Rajesh Kumar Gupta
- Jurisdiction
- India
- Judgment Date
- 10 November 2006
- Procedural Posture
- Criminal Appeal / Supreme Court Final Order
- Outcome
- Appeal dismissed
- Legal Topics
- Bail, Narcotic Drugs & Psychotropic Substances Act, Interpretation of 'medicinal Purposes', Schedule G and H Drugs, Exception to Prohibitory Clause, Drugs and Cosmetics Act
Case Brief
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Parties
State of Uttaranchal
Appellant
Rajesh Kumar Gupta
Respondent
Procedural Posture
Criminal Appeal / Supreme Court Final Order
Legal Issues
- 1 Whether drugs listed in Schedules G and H of Drugs and Cosmetics Act used for medicinal purposes fall within prohibitory provisions of NDPS Act, 1985
- 2 Applicability of Section 37 of NDPS Act to bail for the offence charged under Section 8 read with Section 22
- 3 Whether respondent committed any offence under NDPS Act
Ratio Decidendi
Since the seized drugs (phenobarbitone, Schedule G and H drugs under Drugs and Cosmetics Act) are used for medicinal purposes and are not listed in NDPS Rules Schedule I, Section 8 NDPS Act does not apply and Section 37’s rigour does not bar bail; High Court rightly granted bail.
Court Disposition
Appeal dismissed
Orders
- High Court bail order affirmed
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