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TMI Blog2017 (12) TMI 1599X X X X Extracts X X X X X X X X Extracts X X X X ..... Psychotropic Substance or Narcotic Drug under the NDPS Act - whether the substance seized from his possession is Psychotropic Substance or not? Held that:- Admittedly, it is a quantity of 180 Kgs. of khat leaves. The substance was subjected to analysis at the laboratory. On analysis, it was found containing “cathinone” and “cathine”. These two are Psychotropic Substances included in the Schedul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , J. Shri George Poonthottam, Advocate, for the Petitioner. Shri Sreelal N. Warrier, SC, for the Respondent. ORDER The petitioner herein seeks orders quashing the proceedings against him in OR No. 01/2017/CCP.CHN/NDPS of the Cochin Customs Preventive Unit registered under Sections 22 and 23 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act. (NDPS Act). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne and cathine . These two are Psychotropic Substances included in the Schedule to the NDPS Act. Cathinone is listed as item No. 125 in the Schedule, and cathine is listed as item No. 171 in the Schedule. Of course, khat leaves, by that name is not seen listed in the Schedule to the NDPS Act. The question for consideration is not how the substance is called, or what is its scientific name or bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stance under Section 2(xxii) of the NDPS Act. If so, anybody found possessing any substance containing such Psychotropic Substances will be liable to prosecution under the NDPS Act. The Court cannot take things technically and mechanically quash the prosecution saying that the substance by name khat leaves is not included or listed in the Schedule to the NDPS Act. I find no merit in the contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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