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TMI Blog2000 (7) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... nal Procedure for grant of bail in customs case under section 21/23/28 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'). He has impugned the order dated 16-5-2000 whereby the learned Additional Sessions Judge, New Delhi, on the application of bail made to her, has rejected the bail on the ground of an embargo of Section 37 of the Act which, according to her, is cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edule-II and, therefore, are labelled as 'medicine' under Rule 97 which provides as follows :- (b) If it contains a substance specified in Schedule H, be labelled with the Symbol Rx and conspicuously displayed on the left top corner of the label and be also labelled with the following words : 'Scheduled H drug -Warning : To be sold by retail on the prescription of a Registered Medical Practiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erusal Valium-5, Calmpose-5 and Diazepam tablets. Each one of them bears a mark 'RX' at the top left hand corner. He has also produced before me Clonotril which supports a red mark of 'NRx'. From this learned counsel wants be to deduce that Diazepam ipso facto is to the drug which is covered by the Schedule as Item 43, Diazepam is shown at Serial No. 43 with a chemical name as follows : 43- DIAZ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here nor there. Therefore, prima facie, I am of the view that the substance recovered from the petitioner does not fall within the Schedule to the Act and, therefore, no offence under the Act has been committed. Section 37 of the Act cannot be pressed into service. 5.Learned counsel for the respondent-Customs has drawn my attention to the judgment of the Punjab Haryana High Court dated 21-3-19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mandate and principles of human rights. 6.In view of the discussion above, I admit the petitioner to bail on her furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of the trial court. The petitioner shall not leave jurisdiction of the trial court without prior permission from that court. A copy of this order be served u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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