9911796707
TMI Blog2009 (7) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany"), was indulging in illegal internet pharmacy business. It has a branch at Coimbatore. Appellant herein (Accused No. 2) was managing the activities of the said branch. A search was made in the office of the accused and various documents and computers were seized. It is alleged that the appellant used to mail consolidated requirements by means of packing slips in the name of individual customers to the e-mail I.D. of the first accused. The first accused used to procure different drugs indicated by the appellant by the local pharmacy and pack separately as per packing slips and dispatch the same to the customers abroad through airmail and RMS post office at Coimbatore. The drugs. procured and exported are Alprazolam, Lorazepam, Nitraze ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lsi furthermore contended that use of the drugs for medicinal purposes is acknowledged in terms of the proviso appended to Section 8(c) of the Act. In any event, he would content, Rules 53 and 64 of the Rules being genus, Rule 58 would be subject to Rule 53 5. Mr. Mohan Jain, learned Additional Solicitor General appearing on behalf of the respondent, on the other hand, would contend that in terms of Rules 58 and 59 of the Rules, no export of any drug is permissible unless a permit is obtained for export thereof from the Competent Authority. It was urged that the minimum sentence for the offences committed for which the appellant has been charged being 10 years, this Court should not enlarge the appellant on bail. 6. The drugs in question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia without an export authorization in respect of the consignment issued by the issuing authority in Form No. 5 appended to these therein. Rule 59 provides for issue of export authorization. Rule 63 provides for prohibition of import and export of consignments through a post office box, 9. In Rajesh Kumar Gupta (supra), this Court opined: "19. It has not been brought to our notice that the 1985 Act provides for the manner and extent of possession of the contraband. The rules framed under Section 9 of the 1985 Act read with Section 76 thereof, however, provide for both the manner and the extent, inter alia, of production, manufacture, possession, sale, purchase, transport, etc. of the contraband. Chapter VI of the 1985 Rules provides for im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified in Schedule I. It is neither in doubt nor in dispute that whereas the Schedule appended to the 1985 Act contains the names of a large number of psychotropic substances, Schedule I of the Rules prescribes only 35 drugs and psychotropic substances." 10. Appellant and his co-accused are said to have got licenses under the Drugs and Cosmetics Act, 1940. They had got general permission for import and export. 11. Section 80 of the Act provides that the provisions of the Act or the rules made thereunder are in addition to, and not in derogation of the Drugs and Cosmetics Act, 1940 or the rules made thereunder. Drugs and Cosmetics Act, 1940 does not deal with exports. The provisions of Customs Act do. The licensees, therefore, were, thus, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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