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TMI Blog1999 (10) TMI 716X X X X Extracts X X X X X X X X Extracts X X X X ..... f the psychotropic substance in their possession. The proviso to Sub-rule (2) is very evident that a person is permitted to keep in his possession for his personal medical use the psychotropic substance upto one hundred dosage at a time. We are not disposed to think that 6 ampoules would cross the above limit and there is no attempt made either through DW-1 (Doctor) or through Court Witness No. 1 (D.M.O.) that 100 dosage would be below the 6 ampoules recovered from him. It is unfortunate that the aforesaid points have not been put forward before the trial court or the High Court. We feel that the conviction and sentence imposed on this appellant were without the sanction of law. Appellant is unlawfully deprived of his personal liberty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-heard as certain new features have emerged while contemplating the factual position in this case. We, therefore, re-posted the matter. Today we are assisted by Shri Altaf Ahmad, learned Additional Solicitor General who argued for the State of Kerala, though Mr. Bimal Roy Jad has not turned up to argue for the appellant, nor did he made any representation. The factual matrix as revealed in the judgment of the trial court and the High Court is this: On 25.6.1994 appellant was found in possession of 6 ampoules of Buprenorphine tidigesic each containing 2 m.l. He was also found in possession of 2 syringes each of 5 m.l. capacity. It is pertinent to point out that appellant, unusually, did not dispute that the aforesaid substance had been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... medicinal cannabis, opium derivatives and poppy straw concentrate; (b) any other narcotic substance or preparation which the Central Government may, having regard to available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug, but does not include any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare not to be a manufacturing drug. No attempt has been made to show that Buprenorphine tidigesic would fall within the 1st limb of the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c substances. Rules have been formulated by the Central Government under that power. Rule 66 falling under Chapter VII of the Rules is important and hence the same is extracted below: 66. Possession, etc., of psychotropic substances: No person shall possess any psychotropic substance for any of the purpose covered by the 1945 Rules, unless he is lawfully authorised to possess such substance for any of the said purposes under these Rules. Notwithstanding anything contained in Sub-rule (1), any research institution, or a hospital or dispensary maintained or supported by Government or local body or by charity or voluntary subscription, which is not authorised to possess any psychotropic substance under the 1945 Rules, or any person wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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