1997 CRI. L. J. 4702 ::1997 ChandLR(Civ&Cri) 263 ::1997 (2) RecCriR 752 ::(1997) 4 AllCriLR 703 ::(1997) 2 EFR 268

Punjab And Haryana High Court

Hon'ble Judge(s): V. S. Agarwal , J

Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.8, Sch. Item.43— Narcotic Drugs and Psychotropic Substances Rules (1985) , R.64, R.66— "Diazepam" is a Psychotropic substance - Not covered by Sch. I - Possession not prohibited under the Rules - "Diazepam" covered by the Drugs and Cosmetics Act possessed by person having licence - Does not amount to an offence under S. 8 of N.D.P.S. Act. The provision of Sec. 8 of the Act bans possession of psychotropic substances but it also clarifies that it can be possessed for medical and scientific purposes and also to the extent provided by the provisions of the N.D.P.S. Act and the Rules. It is not all psychotropic substances which are prohibited. The possession can be regulated and restored in terms of the rules.(Para 6) Under Rule 64 no Person is to manufacture or possess a psychotropic substance which is specified in Sch. I. In Sch. I diazepam is not mentioned. It shows that possession of diazepam is not prohibited under the Rules. Correlated with the same is Rule 66 of the said Rules. A person has to be lawfully authorised to possess psychotropic substances. But Rule 64 will govern Rule 66 of the said Rules. When there is no prohibition under Rule 64, Rule 66 will have little application. It must be mentioned that under the Drugs and Cosmetics Act and Rules, it was not ....