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Issues Involved:
1. Whether an offence under Section 29 and 22(c) of the NDPS Act is made out in relation to Buprenorphine Hydrochloride. 2. Whether the Special Court had jurisdiction to discharge the Respondent under Section 216 Cr.P.C. after framing charges. Detailed Analysis: Issue 1: Offence under Section 29 and 22(c) of the NDPS Act 1. Background: The Petitioner filed a complaint against the Respondents for offences under Sections 22 and 29 of the NDPS Act, related to possession of Buprenorphine Hydrochloride injections. The Special Court framed charges against the Respondents, which were later challenged. 2. Legal Provisions: Section 8 of the NDPS Act prohibits the production, manufacture, possession, sale, purchase, transport, etc., of any narcotic drug or psychotropic substance except for medical or scientific purposes. Section 22 punishes contravention related to psychotropic substances, while Section 23 deals with illegal import/export of such substances. 3. Arguments: - Petitioner: Argued that Buprenorphine Hydrochloride, being a psychotropic substance listed in the Schedule to the NDPS Act, falls under the Act's purview. They cited various rules and sections to establish that the possession and transportation of Buprenorphine Hydrochloride are punishable under the NDPS Act. - Respondents: Contended that Buprenorphine Hydrochloride is not listed in Schedule I of the NDPS Rules, and thus, its possession and transportation are governed by the Drugs and Cosmetics Act (D&C Act), not the NDPS Act. 4. Court's Analysis: - The Court noted that Buprenorphine Hydrochloride is mentioned in the Schedule to the NDPS Act but not in Schedule I of the NDPS Rules. - The Court reiterated the distinction between substances listed in the NDPS Act and those in Schedule I of the NDPS Rules, emphasizing that the latter is subject to stricter controls. - The Court referred to previous judgments, including Rajesh Kumar Gupta and Rajesh Sharma, which held that psychotropic substances not in Schedule I of the NDPS Rules are not subject to the NDPS Act's stringent provisions. 5. Conclusion: The Court held that the possession and transportation of Buprenorphine Hydrochloride within the country do not constitute an offence under Sections 22 and 29 of the NDPS Act. The matter was appropriately remanded to the learned Metropolitan Magistrate for proceedings under the D&C Act. Issue 2: Jurisdiction of Special Court under Section 216 Cr.P.C. 1. Background: Respondent No. 3 filed an application under Section 216 Cr.P.C. to amend/alter the charges framed against him. The Special Court allowed this application and discharged the Respondents for offences under the NDPS Act. 2. Legal Provisions: Section 216 Cr.P.C. allows a court to alter or add to any charge at any time before the judgment is pronounced. 3. Arguments: - Petitioner: Argued that the Special Court could not discharge the Respondents after framing charges, citing various precedents to support that only alteration or addition of charges is permissible under Section 216 Cr.P.C. - Respondents: Argued that the application under Section 216 Cr.P.C. was appropriately considered, and the Special Court acted within its jurisdiction as directed by the High Court in its earlier order. 4. Court's Analysis: - The Court observed that the High Court had earlier directed the Special Court to consider the application under Section 216 Cr.P.C. afresh, without being influenced by the previous order. - The Court noted that the Special Court, following due process, concluded that the charges under Sections 22 and 29 of the NDPS Act were not made out and remanded the case for proceedings under the D&C Act. 5. Conclusion: The Court found no illegality in the Special Court's order to discharge the Respondents under Section 216 Cr.P.C. as it was done following the High Court's directive and after a thorough consideration of the application. Final Judgment: The petition was dismissed, affirming the Special Court's decision to discharge the Respondents for offences under the NDPS Act and remanding the matter to the learned Metropolitan Magistrate for proceedings under the D&C Act.
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