JUDGMENT G.N. Ray, J. - This appeal is directed against the judgment passed by the Division Bench of the Karnataka High Court on August 14, 1981 in Criminal Appeal No. 599 of 1980, thereby allowing the appeal so far as accused Nos. 7, 11 and 13 were concerned, and partly allowing the appeal preferred by the accused Nos. 1,2, 3 and 5 against the order of conviction and sentence passed by the learned Sessions Judge, Belgaum, in Sessions Case No. 40 of 1980. Accused Nos. 1 to 13 had faced the trial by the Sessions Judge, Belgaum, in Sessions Case No. 40 of 1980 for the offences under Sections 143, 147, 148 and under Section 302 read with Section 34 I.P.C. The accused No. 1 was also tried for offence under Section 30 of the Arms Act The learned Sessions Judge by the aforesaid Order dated September 25, 1980 acquitted accused No. A,6, 8,9.15 and 12 but convicted accused Nos. 1,2,3,5,7,11 and 13underSections 143, 147 ,and 148 I.P.C. and sentencing six months rigorous imprisonment for the said offences. He also convicted all the said accused persons under Section 302 read with Section 149 I.P.C. for murder of Lakshmappa and were sentenced to suffer imprisonment for life. They were further convicted under Section 324 read with Section 149 I.P.C. and were sentenced to imprisonment for six months. Accused No.1 was further sentenced to imprisonment for three months for the offence under Section 30 of the Arms Act It was directed that all the sentences should run concurrently. Against such conviction and sentence of the said accused persons, they preferred an appeal against the Division Bench of the Karnataka High Court being Criminal Appeal No. 599 of 1980. The State of Karnataka also preferred an appeal being Criminal Appeal No. 189 of 1981 before the Karnataka High Court against the acquittal of the accused Nos. 4, 6, 8, 9, 10 and 12. Both the said two appeals were disposed of by the Karnataka High Court by the Judgment dated August 14, 1981 and the appeal preferred by the State being Criminal Appeal No. 189 of 1989 against the acquittal was dismissed by the High Court but the Criminal Appeal No. 599 of 1980 preferred by the convicted accused persons was allowed so far as accused Nos. 7, 11 and 13 were concerned and they were acquitted of all the charges. 7, 11 and 13 were concerned and they were acquitted of all the charges. The conviction and sentence of the accused No.1 under Section 30 of the Arms Act were upheld by the High Court and the conviction and sentence of accused No.1, 2 and 3 under Section- 302 read with Section 149 I.P.C. was modified as conviction and sentence under Section 302 read with Section 34 I.P.C. and sentence of life imprisonment passed against the said accused was upheld. The conviction of accused Nos. 1,2,3 and 5 under Section 324 read with Section 149 for assaulting P.W. 3 was modified as conviction under Section 324 read with Section 34 I.P.C. and conviction of accused Nos. 1,2,3 and 5 under Section 324 read with Section 149 I.P.C. for assaulting P.W. 2 was set aside. The conviction and sentence of all the said accused persons under Sections 143, 147 and 148 were also set aside by the High Court. The accused Nos. 2, 3 and 5 have preferred the instant appeal against their conviction and sentence as passed by the Karnataka High Court in the said Criminal Appeal No. 599 of 1980. 2. The undisputed facts of the case as noted by the High Court are that accused No.1 is the husband of accused No.9 and son of accused No. 12 and brother of accused No. 10 and father-in law of accused Nos. 13 and 5. Accused Nos. 3,4 are the sons of accused No.2 Accused No.6 is the wife of accused No.2. Accused No.8 is the cousin sister of accused No.1 and accused No. 11 is the servant of the farm of accused No.1. Accused No. 7 is the husband of accused No.8 and accused No. 1 and accused Nos. 9 to 13 live in a garden land known as Haroora Hola at a distance of about one furlong away from the village Durbundi. The other accused persons were residents of the Durbundi village 3. P.W. 2 is the mother of deceased Laxmappa and Mallappa. P.W. 4, Shivappa, is the younger brother of deceased Laxmappa and Mallappa. P.W. 3 Dundavva is the Udki wife of deceased Laxmappa. The deceased Laxmappa was residing in a rented house at Durbundi village with P.W. 3 and P.W.S. 2, 4 and deceased Mallappa were residing in a new house at Bandiwawad road at Durbundi village. P.W. 4, Shivappa, is the younger brother of deceased Laxmappa and Mallappa. P.W. 3 Dundavva is the Udki wife of deceased Laxmappa. The deceased Laxmappa was residing in a rented house at Durbundi village with P.W. 3 and P.W.S. 2, 4 and deceased Mallappa were residing in a new house at Bandiwawad road at Durbundi village. The father of the accused No.1 and the father of the deceased Laxmappa and Mallappa were full brothers. 4. It is the prosecution case that the deceased Laxmappa was demanding tenancy rights in the garden land of Raroora Rola over which a proceeding was initiated before the Land Tribunal at Gokak between the accused No.1 and the deceased Laxmappa. The Land Tribunal granted occupancy rights of Haroora Hola in favour of accused No.1 by its order passed on October 6, 1979. The accused No. 1 made a complaint on December 25, 1979 alleging that the deceased Laxmappa had assaulted him with a sickle. On such complaint a criminal case in Crime No. 169 of 1979 under Section 324 and 506 I.P.C. was initiated by the Police at Ghataorabha Police Station and a charge sheet was filed against the deceased, Laxmappa. It is the further case of the prosecution that on March 3, 1980 at about 8.00 or 8.30 A.M., accused Nos. 3, 4 and 5 quarrelled with the deceased Laxmappa when the deceased Laxmappa restrained them from going in a cart and he demanded a share in the land. The said accused person assaulted Laxmappa causing bleeding injury on his head. By about 9.00 A.M., the deceased Laxmappa went home and shouted that he would not leave those accused persons unless he would be given his share in the land. Thereafter, P.W. 3 brought P.W. 2 from her home to the house of the deceased Laxmappa and P.W. 2 pacified the deceased Laxmappa and at the instance of P. W. 19, Kallappa, the chairman of the village Panchayat and Dalpathi put the deceased Laxmappa and P.W.3 in the house and locked the house from outside and proceeded to her house. P.W. 4 when he came out of the school for-playing, heard some noise (galata) at the house of the deceased Laxmappa and came there and finding Laxrhappa injured and in an agitated mood, went to the land where other deceased Mallappa was working and Mallappa came to the house of Laxmappa. P.W. 4 when he came out of the school for-playing, heard some noise (galata) at the house of the deceased Laxmappa and came there and finding Laxrhappa injured and in an agitated mood, went to the land where other deceased Mallappa was working and Mallappa came to the house of Laxmappa. The deceased Mallappa opened the lock of the house of Laxmappa. Thereafter, both the deceased Laxmappa and Mallappa proceeded to the house of P. W. 2 to discuss with their parents about the incident and P.W. 3 and 4 followed them. P.W. 2 had gone little ahead of them. While the deceased Laxmappa and Mallappa were passing through Hukkeri ani and were near the house of Kichidi Yallappa, accused No.1 fired with the double barrel gun (M.O. 10) at the said deceased persons. The said shot hit deceased Laxmappa I and when he was about to fall the other deceased Laxmappa rushed towards him. Then accused No. 1 fired a second shot which hit the deceased Mallappa and both the deceased persons fell down. The other accused persons, namely, accused Nos. 2,7 and 9 having sickles in their hands and accused Nos. 3 and 5 having axes and the other accused having sticks in their hands were also with accused No.1 at that time. When the deceased Laxmappa and Mallappa fell down, accused Nos. 2, 7 and 9 with sickles and accused Nos. 3 and 5 with axes and accused Nos. 11 and 13 with sticks assaulted both the deceased persons. Accused N os.4, 5, 8 and 12 instigated the accused to assault the deceased. P.W. 2 was a few steps ahead of the deceased and hearing gun shot turned round and went forward to rescue the deceased. P.W.4 also went to rescue the deceased. Accused No. 3 assaulted P.W. 2 with the axe on her head and back. The ace used persons thereafter left the place saying that both the deceased who had been demanding share in the land were not living. Both the deceased sccumbed to the injuries on the spot. P.W. 2 thereafter went to the Panchayat Office and narrated the occurrence to P. W. 19, Kallappa. P.W. 20, Venkappa, who was sitting with P.W. 19, recorded the statement of P.W. 2 (Ext. Both the deceased sccumbed to the injuries on the spot. P.W. 2 thereafter went to the Panchayat Office and narrated the occurrence to P. W. 19, Kallappa. P.W. 20, Venkappa, who was sitting with P.W. 19, recorded the statement of P.W. 2 (Ext. P-2) at the request of P. W. 19 who was not in a position to write properly.-P.W. 19 thereafter visited the spot and posted P.W. 13, Panchayat Peon, to watch the dead bodies and got his report prepared from P.W. 20 (Ext. P-49) and proceeded to Ghataprabha Police Station along with Exts. P -2 and P49 and reached the Police Station by about 12 noon. 5. P.W. 29, Mohammed Usman, the Sub-Inspector of Police, Ghataprabha Police Station, on receipt of Exts. P-2 and P-49 registered a case in Crime No. 27 of 1980 under Sections 147,148, 302,324,323 and 149 I.P.C. and under Section 25 (1) of the Arms Act and issued F.I.R. as per Ext. P-88 and sent up express reports to his superiors. Exts. P-2 and P-49 reached the hands of the Magistrate at Gokak by about 2.00 P.M. on May 3, 1980. P.W. 29, the Sub-Inspector of Police then proceeded to Durbundi village and at the time of holding inquest. P.W. 31, the Circle Inspector of Police, Hukkeri, (P.W. 31) also arrived at the investigation place and took up investigation from P.W. 29. The inquest was prepared on the dead bodies of the deceased Laxmappa as per Ext. P-68 and Mallappa as per Ext. P-69 and the spot Mahazar (Ext. P-70) was also recorded and blood stained earth, blood stained three pellets were seized and sealed. During inquest, the statement of P.Ws. 2,3,4,5,6, 7,8and two others were also recorded. P.W. 22, the Medical Officer of General Hospital, Gokak held the post mortem over the dead bodies of Laxmappa and Mallappa and prepared the postmortem reports being Ext. P-55 and P-56. The said Medical Officer recovered three pellets and a wad from the body of the deceased Mallappa at the time of autopsy. P.W. 31 recorded injury Mahazar of P.W 2 and seized and sealed the blood stained saree of P.W. 2 (M.O. 1) and he also recorded the injury Mahazar of P. W. 3 as per Ext. P-55 and P-56. The said Medical Officer recovered three pellets and a wad from the body of the deceased Mallappa at the time of autopsy. P.W. 31 recorded injury Mahazar of P.W 2 and seized and sealed the blood stained saree of P.W. 2 (M.O. 1) and he also recorded the injury Mahazar of P. W. 3 as per Ext. P-72 and seized and sealed the shirt of the deceased Laxmappa (M.O. 2) when he had come home with the bleeding injury on his head, P.W. 31 in the afternoon of March 10, 1980, arrested accused Nos. 3, 4, 5, 11 and 13, and it is the prosecution case that the voluntary statement of accused No.5 was recorded by him (Ext P-97). The said accused No.5 disclosed that he would produce an axe kept concealed in the land of one Ramakrishna Naik at Mallapur village underneath the sugarcane fodder. Thereafter, P.W. 31 Secured panchas including P.W. 26 and seized and sealed a blood stained axe (M.O. 3) under Mahazar Ext. P-80. P.W. 31 also recorded voluntary statement of accused No.3 Ext. P-98 that the said accused would produce an axe from the land of Ramakrishna Naik kept concealed underneath the sugarcane fodder, and P.W. 31 secured panchas and seized and sealed M.O. 5 a blood stained axe under Mahazar Ext. P-81. A similar voluntary statement was also recorded by P.W. 31 (Ext. P99) that he would produce 7 sticks kept concealed by him in the maize crop in the land of Laxman Naik. P.W. 31 secured panchas and sealed and seized the said 7 sticks (M.O. Nos. 51 to 57). The said P.W. 31 also arrested accused Nos. 7 and 9 on March 19, 1980 and as per voluntary statement of accused No.7, recorded by P.W. 31, a sickle kept concealed by him in the land of Ramakrishna near a hillock, was also recovered and such sickle was also seized and sealed being M.O. 8. The voluntary statement of accused No.9 as per Ext. P. 101 that she would produce a sickle kept concealed by her in the land of Ramakrishna near a hillock, was also recorded by P.W. 31 and such sickle was also seized and sealed being M.O. 9 under Mahazar P. 84. 6. The accused persons denied the accusations made against them. The prosecution relied on the evidence of P.Ws. P. 101 that she would produce a sickle kept concealed by her in the land of Ramakrishna near a hillock, was also recorded by P.W. 31 and such sickle was also seized and sealed being M.O. 9 under Mahazar P. 84. 6. The accused persons denied the accusations made against them. The prosecution relied on the evidence of P.Ws. 2,3,4 and 12 with regard to the occurrence and also the post mortem report and evidence of the doctor P.W. 22. The prosecution also relied upon the evidence of P.Ws. 9, 10, 19 and 20 to the effect that they had seen P.Ws. 2, 3 and 4 following the deceased persons immediately prior to the occurrence and they had also seen P.Ws. 3 and 4 running out from the scene of occurrence and bawling out immediately after the occurrence. 7. Relying on the prosecution case, the learned sessions Judge passed the conviction and sentence against the accused persons as indicated hereinbefore but he acquitted the accused Nos. 4, 6, 8, 9, 10 and 12 from all the charges made against them. The doctor, P.W. 22, who held that autopsy over the dead bodies of Mallappa noted several injuries on the person of the deceased and opined the cause of the death that it was due to shock and haemorrhage as a result of rupture of heart and lungs caused by gun shot injury, and he had further stated that the external injury No. 2 with its corresponding internal injury was sufficient in the ordinary course of nature to cause death. P.W. 22 found 4 out injuries. 4 incised injuries and a penetrating injury on the dead body of the deceased Laxmappa, and he opined that the external injury No. 8 could be a gun shot injury and the death was due to shock as a result of haemorrhage caused by cut injury on the neck, i.e. injury No. 4. 8. The High Court inter alia came to the finding that the prosecution had clearly established the offence under section 302 read with section 34 I.P.C. against. Accused Nos. 1, 2 and 5 accordingly convicted them under Section 302 read with section 34 I.P.C. by modifying the conviction under section 302 read with Section 149 I.P.C. as imposed by the learned Sessions Judge. The High Court set aside the conviction of the accused Nos. Accused Nos. 1, 2 and 5 accordingly convicted them under Section 302 read with section 34 I.P.C. by modifying the conviction under section 302 read with Section 149 I.P.C. as imposed by the learned Sessions Judge. The High Court set aside the conviction of the accused Nos. 1,2 and 5 under Sections 143, 147 and 148 of the I.P.C. but convicted accused Nos. 1,2, 3 and 5 under Section 324 read with section 34 I.P.C. for assaulting P.W. 3. The High Court further set aside the conviction of the accused Nos. 1,2,3 and 5 under Section 324 read with Section 149 I.P.C. The conviction of the accused No. l. under Section 30 of the Arms Act was upheld by the High Court. 9. The learned counsel for the appellant has contended that P.Ws. 2, 3 and 4 are close relations of the deceased and they are interested witnesses having sufficient animus against the accused persons. Apart from that there are inherent improbabilities in their depositions and there are also contradictions in their evidences. It has also been contended by the learned counsel for the appellant that P.W. 22 the doctor who held the post mortem on the body of the deceased Laxmappa found a cut injury on the neck being injury No.4 and had opined that due to shock and haemorrhage caused by the cut injury, Laxmappa had died. Such cut injury therefore cannot be attributed to the accused No. 1 and the said fact runs counter to the depositions of the eye-witnesses. It has also been contended that P.W. 2 was ahead of the deceased persons and it was not probable that the said witness could be see the gun shot injuries P.Ws. 3 and 4 were not present at the spot but they came forward to rescue the deceased when according to the prosecution P.W. 3 was injured and thereafter P.Ws. 3 and 4 went to the village. Hence, they had not seen the murderous assault caused on the two deceased persons. In the aforesaid circumstances, the conviction for causing death to the said two deceased patrons cannot be sustained and this should set the appeal against conviction under Section 302 read with Section 34 I.P.C. against the appellants aside Court. 3 and 4 went to the village. Hence, they had not seen the murderous assault caused on the two deceased persons. In the aforesaid circumstances, the conviction for causing death to the said two deceased patrons cannot be sustained and this should set the appeal against conviction under Section 302 read with Section 34 I.P.C. against the appellants aside Court. It has also been contended that the ingredients of the common intention of the appellants have not been established by the prosecution and the learned Sessions Judge had also not convicted the appellant under section 302 read with Section 34 I.P.C. It has been contended by the learned Counsel for the appellant that the High Court on mere probabilities and conjecture had passed the conviction against the appellants under Section 302 read with Section 34 I.P.C. and such conviction on conjecture should be set aside. The learned counsel for the appellants has contended that there were disputes and differences between the accused and the deceased but simply on that account, the conviction for the murder not clearly established by cogent and reliable evidences can be based. 10. Such contentions of the learned counsel for the appellants were, however, disputed by the learned counsel for the respondent and it has been strongly contended by the learned counsel for the respondent-State of Karnataka that the incident of murder had taken place in a broad day light before the eyes of a number of persons who have deposed very convincingly how the murder of the said two deceased and assault on the prosecution witnesses had taken place. There is no material contradiction in the evidences of the eye-witnesses and the evidences of the eye-witnesses stand fully corroborated by the post mortem report and the injuries noted by the doctor. Simply because some of the eye-witnesses are close relations of the deceased, their evidences cannot be discarded. The learned counsel for the State has, therefore, submitted that there is no merit in the appeal and the same should be dismissed. 11. After considering the respective submissions of the learned counsel for the parties and the materials on record, it appears to us that the convictions against the appellants as awarded by the High Court are fully justified and should not be interfered with. 11. After considering the respective submissions of the learned counsel for the parties and the materials on record, it appears to us that the convictions against the appellants as awarded by the High Court are fully justified and should not be interfered with. We have looked into the evidences carefully and it appears to us that the prosecution case or murdering the deceased Laxmappa and Mallappa by the appellants has been clearly established. In our view, the High Court is also justified in convicting the accused Nos. 1, 2, 3 and 5 under Section 324 read with Section 34 I.P.C. It may be noted in this connection that common intention can generate on the spot itself and such common intention can be reasonably inferred from the facts and circumstances of the case and nature of injuries caused by the accused. The manner in which the injuries were caused to P.W. 3 and others, warrants the conviction under Section 324 read with Section34 I.P.C. In the aforesaid facts, no interference against the conviction and sentences is called for. As we do not find any substance in this appeal, the same is dismissed. The accused-appellants, if on bail, should be taken to custody to serve out the sentence. Appeal dismissed. THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (REGULATION OF CONTROLLED) ORDER, 1993. 1G.S.R. 295 (E). - The Central Government being of the opinion that having regard to the use of the controlled substance in the production or manufacture of the narcotic drug or psychotropic substance, it is necessary and expedient so to do in the public interest, in exercise of powers conferred by section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) hereby makes the following Order; Short title and commencement. - (1) This order may be called the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993. (2) It shall come into force on the 15th day of April, 1993. 2. Definitions. -(l) In this Order unless the context otherwise requires, (a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); (b) "Form" means a form appended with this Order; Published in the Gazette of India, (Extra Ordinary) Part II Section 3(i), No. 107, dated 24.3.1993. 2. Definitions. -(l) In this Order unless the context otherwise requires, (a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); (b) "Form" means a form appended with this Order; Published in the Gazette of India, (Extra Ordinary) Part II Section 3(i), No. 107, dated 24.3.1993. (c) "Controlled Substances" means any substance declared by the Central Government under clause (vii-a) of section 2 of the Act; (2) Words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them. 3. Manufacture, distribution, sale, imports, exports and consumption of controlled substance, - (1) Every person who manufactures or distributes or sells or imports or exports or consumes any controlled substance shall maintain daily accounts of his activities in Form 1 or Form 2, as the case may be. The records of his activity shall be preserved for a period of two years from the date of last entry in the register. (2) He shall report to the Director General, Narcotics Control Bureau, Wing No.5, West Block-1, R.K. Puram, New Delhi-llOO66 immediately regarding any loss or disappearance of the controlled substance under his control. 4. Transport of - controlled substance. - (1) A consignment of controlled substance shall be moved from one place to another place only when it is accompanies by a Consignment Note in Form 3. (2) The consignment Note shall be prepared in triplicate. The original and duplicate copies of the Consignment Note shall be sent alongwith the consignment to the consignee, who shall return the duplicate copy to the consignor for retention after endorsing on the original and duplicate copies the particulars" of quantity received by him. (3) The consignor shall make necessary entries on the triplicate copy of the Consignment Note with reference to the receipt of the controlled substance indicated on the duplicate copy of the Consignment Note. (4) In the case of any consignment of the controlled substance which is imported into India, such consignment from the port of entry to any warehouse or factory or business establishment, or premises of the importer or consumer, as the case may be, shall be accompanies by a Bill of Entry. (4) In the case of any consignment of the controlled substance which is imported into India, such consignment from the port of entry to any warehouse or factory or business establishment, or premises of the importer or consumer, as the case may be, shall be accompanies by a Bill of Entry. (5) The Consignment Note or the Bill of Entry, as the case may be, shall be, preserved for a period of two years by the consignor and the consignee or importer, as the case may be. (6) No transporter shall carry a consignment of controlled substance without a Consignment Note or Bill of Entry. (7) The transporter shall produce the consignment Note or Bill of Entry, as the case may be, when required by an officer (being an officer superior in rank to a peon, sepoy or constable) of the department of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government or of Border Security Force as is empowered in this behalf by general or special order by the Central Government, or any officer (being an officer superior to in rank to a peon, sepoy or constable) of the revenue, drug control, excise, police or any other department of a State Government including Union Territory Administration as is empowered in this behalf by general or special order of the State Government including Union Territory Administration authorised under this clause. 5. Bulk selling of controlled substance Every person who sells a controlled substance to a buyer in a transaction of one hundred kilograms and above shall sell so only after the buyer establishes his identity by production of a documents like industrial licence or any registration certificate under any law or other similar documents which establishes his identity and upon a declaration being made of the purpose for which the controlled substance is being purchased. 6. Labelling of consignment for export or import. - Every container or vessel containing a controlled substance in a consignment for export or in a consignment which is imported shall be labelled prominently giving details of the name and quantity of the controlled substance, name and address of the exporter and importer and the consignee if any. 6. Labelling of consignment for export or import. - Every container or vessel containing a controlled substance in a consignment for export or in a consignment which is imported shall be labelled prominently giving details of the name and quantity of the controlled substance, name and address of the exporter and importer and the consignee if any. The documents relating to the import or export of the controlled substance such as invoice, cargo manifests, customs, transport and shipping documents shall contain the details such as name of the controlled substance, quantity and the name and address of the consignee, exporter and the importer and the documents shall be preserved for a period of two years. 7. Filing of returns. - (1) Every person mentioned in clause 3 of this Order shall send a quarterly return by registered post in Form 4 or Form 5, as the case may be to the concerned Deputy Director, Narcotics Control Bureau, whose address is given in the Form. The quarters of this purpose shall be January to March, April to June, July to September and October to December. The return shall be despatched before the last day of the month following the quarter. (2) Schools, Colleges, Universities, Government or autonomous institutions, Registered Scientific Societies and Hospitals using the controlled substance for educational scientific and analytical purposes are only exempted from maintaining records as prescribed under clause 3 and sending returns as prescribed under thi clause. But they shall comply with other provision of this Order. (3) The persons who are to send quarterly returns under this clause shall intimate in form 4 or form 5, as the case may be, to the concerned Deputy Director, Narcotics Control Bureau, whose address is given in the Form upto th 15th day of May, 1993 regarding the evening balance of stock of the controlled substance possessed by him as on the 15th day od april, 1993. The first regular return shall be sent for the period from 15th april, 1993 to 30th June, 1993. From-I REGSITER OF MANUFACTURE OF CONTROLLED SUBSTANCES (See clause 3) Date: Name of the Controlled Substance: Quantity in hand at the beginning of the day Quantity of the Substance manufac-tured S. Quan- To whom Details of quantity of the controlled substance sent out of the factory. From-I REGSITER OF MANUFACTURE OF CONTROLLED SUBSTANCES (See clause 3) Date: Name of the Controlled Substance: Quantity in hand at the beginning of the day Quantity of the Substance manufac-tured S. Quan- To whom Details of quantity of the controlled substance sent out of the factory. Total quanity ntity sent Out of the factory Quantity in hand at the close of the day HandIing Losses if, any S. No. Quantity sent To whom sent (Name and address of the person and Location of the premises to be given) NOTE: 1. The quantity shall be indicated in Kilograms. 2. This record shall be maintained on day to day basis and entries shall be made for each day the establishment open for work irrespective of whether there are any transactions or not and entries shall be completed for each day before the close of the day and incharge of the factory shall initial after the entries. The pages of the register shall contain running number. 3. If more than controlled substance is dealt with, separate register shall be maintained for each of such substances. FORM - 2 REGISTER OF CONSUMPTION, SALE IMPORT OR EXPORT OF CONTROLLED SUBSTANCE (See clause 3) Date Name of the controlled substance : Quantity in hand at the beggionning of the day Details of quantity of the substances received Sl. No. Quantity From whom received (Name and address of the person to be given) Confinement Note/Bill of Entry No. 1. 2. 3. 4. 5. Details of quantity of the substance sold/exported/imported/consumed Distributed/ Quantity in hand at the close of day Sl. No. Quantity To whom sold/sent consumed (Name and address of the person and Location of the premises to be given) Consignment Note or Issue slip No. 6. 7. 8. 9. 10. Note: 1. The quantity shall be indicated in Kilogram 2. This record shall be maintained on day to day basis and entries shall be made for each day the establishment open for work irrespective of whether there are any transaction or not and entries shall be completed for each day before the close of the day and incharge shall initial after the entries. The pages of the register shall contain running number. 3. If more than one controlled substance is dealt with separate register shall be maintained for each such substance. 4. Strike out whatever is inapplicable. The pages of the register shall contain running number. 3. If more than one controlled substance is dealt with separate register shall be maintained for each such substance. 4. Strike out whatever is inapplicable. FORM - 3 CONSIGNMENT NOTE (To accompany a consignment of controlled substance) (See clause 4) Serial No. Date and time of despech of the consignment 1. Name and address of the consignor (manufacturer, dealar, distriubutor, or importer) : 2. Name and address of the consigence (manufacture, dealer distributor or exporter) : Central Excise Resistration No. or Personal Account No. (Income Tax or Registration No. under the shops and Commercial Establishments Act or Registraction No. given by the Department of Industry, if any, of the consignee. 4. Description and quantity of the consignment:- Particular of the controlled substance No. of package Quantity Gross Weight Net Weight 5. Mode of transport (Particulars of the transported, Registration number of the vechicle, R.R. if the Transport is by Railways or Goods Transport, if any). Signature of the consignor with date (Name in capital letters) 6. Date and time of receipt by the consignce and his remarks. Signature of the consignee and his remarks. Note: (1) This Consignment Note should be serially numbered on annual basis. (2) The consignor should record a certificate on the covert page of each book containing Consignment Notes indicating the number of pages contained in the Consignment Note-Book. (3) The books containing Consignment Notes used or currently under use shall be produced to the aythorised Officer whenever called upon. FORM - 4 QUARTERLY RETURN OF MANUFACTURE OF CONTROLLED SUBSTANCE (See Clause 7) Return for the quarter ending on…………………………………………………………… Name of the quarter ending on : Address : Name of the controlled substance : Opening balance of the controlled substance at the beginning of the quarter : Details of manufacture and sale : Manufacture Sale Date Quantity Date To whom sold (Name and address of the person and location of the premises). Consignment Note No. Quantity Total: Tolal: 6. Closing balnce at the end of the qurter. Certified that the information given below is correct and the relevant records are available with me/us. Signature: Name: Designation: Date:…………. Note: 1. The quantity should be indicated in kilograms. 2. For each controlled subtance, separted return shall be sent. 3. This return is to be sent to the concerned Deputy Director, Narcotics Control Bureau whose address is given below:- Sl. Certified that the information given below is correct and the relevant records are available with me/us. Signature: Name: Designation: Date:…………. Note: 1. The quantity should be indicated in kilograms. 2. For each controlled subtance, separted return shall be sent. 3. This return is to be sent to the concerned Deputy Director, Narcotics Control Bureau whose address is given below:- Sl. No. Area within which the officer or establishment of the manufacturer, seller, distributor, importer or exporter falls To whom quarterly Return is to be sent 1 2 3 1. States of Haryana, Himachal Pradesh, Punjab, Jammu and Kashmir, the National Capital territory of Delhi and the Union Territory of Chandigarh. Deputy Director, Narcotics Control Bureau, Delhi Zonal Unit, Wing-7, Second Fillo, West Block-1 R.K. Puram, New Delhi – 110066 2. State of Rajasthan Deputy Director, Narcotics Control Bureau, Jodhpur Zonal Unit, C-20, Shastri Nagar, Jodhpur (Rajasthan). 3. State of Uttar Pradesh and Bihar Deputy Director, Narcotics Control Bureau, varanasi Zonal Unit, 56, Prashantpuri (DIG Colony), Varanasi – 221002. 4. States of Arunachal Pradesh Assam Manipur Meghalaya Mizoram Nagaland Orissa Bengal and the Union Territory of the Andaman and Nicobar Islands. Deputy Director, Narcotics Control Bureau, Eastern Jonal Unit 4/2 Karaya Road, 3rd Floor, Calcutta – 700012. 5. State of Goa, Gujarat, Maharashtra, Madhya Pradesh, and the Union territories of Dadra and Nagar Haveli and Daman and Diu. Deputy Director, Narcotics Control Bureau, Bombay Zonal Unit, Exchange Bldg., 3rd Floor, Sportt Road, Ballard Estate, Bombay – 400038. 6. State of Andhra Pradesh, Karnataka, Kerala, and Tamilnadu and the Union territories of Lakshdweep and Pondicary. Deputy Director, Narcotics Control Bureau, Southern Zonal Unit, 21 and 22, Gopala Krishna Iyer Road, T. Nagar, Madras. 600017. FROM – 5 QUARTERLY RETUREN OF RECEIPT, IMPORT, SALE CONSUMPTION OR EXPORT OF CONTROLLED SUBSTANCE (See clause) Return for quarter ending on………………………………………………………. 6. State of Andhra Pradesh, Karnataka, Kerala, and Tamilnadu and the Union territories of Lakshdweep and Pondicary. Deputy Director, Narcotics Control Bureau, Southern Zonal Unit, 21 and 22, Gopala Krishna Iyer Road, T. Nagar, Madras. 600017. FROM – 5 QUARTERLY RETUREN OF RECEIPT, IMPORT, SALE CONSUMPTION OR EXPORT OF CONTROLLED SUBSTANCE (See clause) Return for quarter ending on………………………………………………………. Name of the seller, distributor, exporter, importer of consumer* : Address : Name of the controlled substance : Opening balance of the controlled substances at the beginning of the quarter : Details of quantity received and sold, consumed or exported * : Receipt Date Received from whom (Name and address of the person) Consigement Note No./Bill of entry No. Quantity received Total Sale, consumptions or export Date recieved To whom sent (name and address of the person and location of the premises) Consignment Note No. /Bill of Entry No. Quantity sent or consumed Total Closing balance at the end of the quarter. Certified that the information given above is correct and the relevant records and available with me/us. Signature : Name : Designation: Date : Note : 1. The quantity should be indicated in kilogram. 2. For each controlled substance, separate return shall be sent. 3. *Strike out whichever is not applicable. 4. This return is to be sent to the concerned Deputy Director, Narcotics Control Bureau whose address is given below:- S. No. Area within which the officer or establishment of the manufacturer seller, distributor, importer or exporter fails. To whom Quarterly Return is to be sent 1 2 3 1. States of ?Haryana Himachal Pradesh, Punjab, Jammu & Kashmir the National Capital territory of Delhi and the Union Territory of Chandigrah. Deputy Director, Narcotics Control Bureau, Delhi Zonal Unit, Wing No. 72nd Floor, West Block-I, R.K. Puram, New Delhi-110066 2. States of Rajasthan Deputy Director, Narcotics Control Bureau, Jodhpur Zonal Unit, C-20, Shastri Nagar, Jodhpur (Rajasthan). 3. State of Uttar Pradesh and Bihar Deputy Director, Narcotics Control Bureau, Varanasi Zonal Unit, 56, Prashantpuri, (DIG Colony) Varanasi-221002. 4. State of Arunachal Pradesh, Assam, Manipur, Meghalaya Mizoram, Nagaland, Orissa, Sikkim, Tripura and West Bengal and the Union Territory of the Andaman and Nicobar Island. Deputy Director, Narcotics Control Bureau, Eastern Zonal Unit, 4/2, Karaya Road, 3rd Floor, Calcutta-700017. 5. State of Goa, Gujarat, Maharahtra, Madhya Pradesh and the Union Territory of Dadra and Nagar Haveli, Daman and Diu. 4. State of Arunachal Pradesh, Assam, Manipur, Meghalaya Mizoram, Nagaland, Orissa, Sikkim, Tripura and West Bengal and the Union Territory of the Andaman and Nicobar Island. Deputy Director, Narcotics Control Bureau, Eastern Zonal Unit, 4/2, Karaya Road, 3rd Floor, Calcutta-700017. 5. State of Goa, Gujarat, Maharahtra, Madhya Pradesh and the Union Territory of Dadra and Nagar Haveli, Daman and Diu. Deputy Director, Narcotics Control Bureau, Bombay Zonal Unit, Exchange Bldg., 3rd Floor, Sprott Road, Ballard Estate, Bombay-400038. 6. State of Andra Pradesh, Karnataka, Kerala and Tamilnadu and the Union territories of Lakshadweep and Pondichery. Deputy Director, Narcotics Control Bureau, Sourthern Zonal Unit, 21 and 22, Gopala Krishna Iyer Road, T. Nagar Madras-600017. Ministry of Health and Family Welfare (Department of Health) Notification New Delhi, the 27th October, 1993 1G.S.R.673 (E) – Whereas a draft of certain rules further to amend the Drugs and Cosmetics Rules, 1945 was publishes as required by sections 12 33 of the Drugs and Cosmetics Act, 1940 (23 of 1940), with the Notification of the Government of India, in the Ministry of Health and Family Welfare (Department of Health) No. GSR 724 (E) dated the 11th August, 1992 inviting the objections and suggestions from all period of sixty days from the date on which the copies of the Gazette were made available to the public. And, whereas the copies of the Gazette were made available to the public on the 11-11-1992. And, whereas the objections and suggestions received from the public on the said draft have been taken into consideration by the Central Government. Now, therefore, in exercise of the power conferred by the sections 12 and 33 of the said Act, the Central Government after consultation with the Drugs Technical Advisory Board, hereby makes the following rules further to armed the Drugs and Cosmetics Rules, 1945, namely:- (1) These rules be called the Drugs and Cosmetics (V Amendment) Rules, 1993. (2) They shall come into force on the date of their publication in the Official Gazetted. In Schedule S to the Drugs and Cosmetics Rules, 1945 (hereinafter referred to as the said rules), (i) Under the heading ‘Standards for Cosmetics in the Paragraph, for the words, “Indian Standards Institution”, words “Bureau of Indian Standards (BIS)” shall be substituted. (ii) after item 18 and entry relating thereto the following items and entries shall be added, namely:- 19. Toilet Soap 20. Liquid Toilet Soap 21. (ii) after item 18 and entry relating thereto the following items and entries shall be added, namely:- 19. Toilet Soap 20. Liquid Toilet Soap 21. Baby Toilet Soap 22. Shaving Soap 23. Transparent Toilet Soap In schedule H to the said rules, after the entry ‘phenelzine its salts’ the following entry shall be inserted namely:- “Phenobarbital” In schedule X to the said rules, (i) the entry ‘Phenobarbital’ shall be committed; (ii) in the Note, in the proviso, the words ‘or Phenobarbital’ shall be committed. [No. X.11014/3/92-DMS & PFA] B.S. Lamba, Jt. Secy. Note: The drugs & Conmetics Rules, 1945 as amended upon 1.5.1979 is contained in the publication of the Ministry of Health & Family Welfare (Department of Heath) contain the Drugs & Conmetics Act and the Rules (PDGS-61). [No. X.11014/3/92-DMS & PFA] B.S. Lamba, Jt. Secy. Note: The drugs & Conmetics Rules, 1945 as amended upon 1.5.1979 is contained in the publication of the Ministry of Health & Family Welfare (Department of Heath) contain the Drugs & Conmetics Act and the Rules (PDGS-61). Sub-section (i) of the Gazette of India, namely:- GSR 1241 dated 6.10.1979 GSR 1242 dated 6.10.1979 GSR 1243 dated 6.10.1979 GSR 1281 dated 12.10.1979 GSR 430 dated 19.04.1980 GSR 779 dated 26.7.1980 GSR 540(E) dated 27.9.1990 GSR 680(E) dated 5.12.1980 GSR 631(E) dated 5.12.1980 GSR 682(E) dated 5.12.1980 GSR 27(E) dated 17.1.1981 GSR 478(E) dated 6.8.1981 GSR 62(E) dated 5.2.1981 GSR 462(E) dated 22.6.1982 GSR 510(E) dated 26.7.1982 GSR 31(E) dated 7.1.1983 GSR 318(E) dated 1.5.1984 GSR 331(E) dated 8.5.1984 GSR 460(E) dated 20.6.1984 GSR 487(E) dated 2.7.1984 GSR 89(E) dated 16.2.1985 GSR 778(E) dated 10.10.1985 GSR 17(E) dated 7.1.1986 GSR 1049(E) dated 29.8.1986 GSR 1060(E) dated 5.9.1986 GSR 1115(E) dated 30.9.1986 GSR 71(E) dated 30.1.1987 GSR 570(E) dated 12.6.1987 GSR 626(E) dated 2.7.1987 GSR 792(E) dated 17.9.1987 GSR 371(E) dated 24.3.1988 GSR 75(E) dated 2.6.1988 GSR 675(E) dated 2.6.1988 GSR 676(E) dated 2.6.1988 GSR 677(E) dated 2.6.1988 GSR 680(E) dated 6.6.1988 GSR 735(E) dated 24.6.1988 GSR 813(E) dated 27.7.1988 GSR 944(E) dated 21.9.1988 (Corrigendum) GSR 43(E) dated 20.1.1989 (Corrigendum) GSR 44(E) dated 20.1.1989 (Corrigendum) GSR 100(E) dated 14.2.1989 (Corrigendum) GSR 443(E) dated 12.4.1989 GSR 588(E) 2.6.1989 (Corrigendum) GSR 691(E) dated 11.7.1989 GSR 784(E) dated 28.8.1989 GSR 16(E) dated 10.1.1990 GSR 731(E) dated 23.8.1990 GSR 865(E) dated 25.10.1990 GSR 11(E) dated 7.1.1990 GSR 223(E) dated 19.4.1991 GSR 246(E) dated 1.5.1991 GSR 301(E) dated 7.6.1991 GSR 302(E) dated 7.6.1991 GSR 491 (E) dated 25.7.1991 GSR 495(E) dated25.7.1991 GSR 532(E) dated 14.8.1991 GSR 626(E) dated 1.10.1991 GSR 668(E) dated 1.11.1991 GSR 730(E) dated 10.11.1991 GSR 59(E) dated 22.1.1992 GSR 305(E) dated 4.3.1992 (Corrigendum) GSR 445(E) dated 30.4.1992 GSR 597(E) dated 17.6.1992 GSR 663(E) dated 3.7.1992 GSR 723(E) dated 11.8.1992 GSR 796(E) dated 1.10.1992 GSR 877(E)dated 17.11.1992 GSR 904(E) dated 2.12.1992 GSR 923(E) dated 14.12.1992 GSR 27(E) dated 22.1.1993 (Corrigendum) GSR 28(E) dated 22.1.1993 GSR 86(E) dated 26.2.1993 GSR 296(E) dated 24.3.1993 GSR 373(E) dated 13.4.1993 (Corrigendum) GSR 374 (E) dated 13.4.1993 GSR 374(E) dated 13.4.1993 (Corrigendum) MINISTRY OF FINANCE (Department of Revenue) Narcotics Control Bureau Notification New Delhi, the 14th December, 1993 1G.S.R. 748 (E). - In exercise of the powers conferred by section 9, read with section 76 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby makes the following rules further to amend the Narcotic Drugs and Psychotropic Substances Rules, 1985, namely: 1. (1) These rules may be called the Narcotic Drugs and Psychotropic Substances (Amendment) Rules, 1993. (2) 1 hey shall come into force on the date of their publication in the Official Gazette 2. In the Narcotic Drugs and Psychotropic Substances Rules, 1985, in Schedule-I undcr heading "n Psychotropic Substances", the following serial number and entries thereof shall be omitted, namely: "7. Clonazepam - 5 - (O-Chlorophenyl) - 1, 3-dihydro-7-nitro-Z, H-1, 4-benzodiazepin-2-one". ARTICLE Medicolegal aspects of Dowry deaths by burning By Dr. J. P. Saxena Indian Penal Code Section 304B – Describes dowry death as (1) Where the death of a woman is caused by any bums or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "Dowry Death" and such husband or relative shall be deemed to have caused her death. Explanation for the purposes of the sub-section "Dowry" shall be same meaning as to section 2 of Dowry, Prohibition Act, 1961 (28 of 1961). (2) Who ever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years which may extend to imprisonment of life. On going through this section it is clear that the main ingredients of Dowry death are The marriage should have been performed within 7 years. The dowry should have been demanded. Woman should have been subjected to burns or bodily injury or her death has not been natural. There should be evidence that woman was subjected to cruelty or harassment before her death. It becomes the duty of the complainant to establish that the marriage was performed within 7 years and that dowry has been demanded in terms of section 2 of Dowry Prohibition Act, 1961, to establish a case of dowry death. There should be evidence that woman was subjected to cruelty or harassment before her death. It becomes the duty of the complainant to establish that the marriage was performed within 7 years and that dowry has been demanded in terms of section 2 of Dowry Prohibition Act, 1961, to establish a case of dowry death. As per the third ingredient is concerned, this involve medicolegal issues as it is to be established that the woman was subjected to burns or bodily injury resulting in death or by other unnatural means. Broadly speaking such types of deaths can be caused by Burns Mechanical violence Asphyxias like strangulation, Suffocation etc. Use of poisons etc. and by other means too. When burns are considered as cause of death it has to be established that the burn was homicidal in nature and was sufficient to cause death of the persons. Medicolegally the burns are commonly Thermal bums - where heat is used. Electric burns - where electricity is used. In practice, generally the causes of deaths due to burn are those where it is alleged that the husband sprinkled kerosene oil on the wife and put flame to it. The death is said to have occurred either on the spot or in Hospital or Nursing Home. Sometimes the dying declaration of the woman reveals the facts if it has been recorded properly and in time. It is easy to allege that the husband sprinkled kerosene oil or poured it from the head and put flame to - it by a match box, but no woman will readily accept to be put to flames like this. In one of the cases dealt by me the allegation was that the woman was drugged (given narcotic drug) and then the kerosene oil was poured and the woman was burnt. This was probably to safeguard, the position as in the post-mortym1indings there were no signs of struggle. It was contended that the woman could not resist as she was drugged. In normal circumstances every woman will resist any attempt on her life and that has to be established. As per the rules in cases of dowry deaths the postmortem examination is conducted by 2 doctors so that the findings may not be altered and opinion may not be biassed. In normal circumstances every woman will resist any attempt on her life and that has to be established. As per the rules in cases of dowry deaths the postmortem examination is conducted by 2 doctors so that the findings may not be altered and opinion may not be biassed. In case of thermal burn produced by dry heat after sprinkling kerosene oil, it is evidence there should be a severe smell of kerosene oil from hairs and that kerosene oil be found present in the pieces of clothes which remain unburnt and there is presence of singeing of hairs due 0 bums. Mere finding of a tin of kerosene oil and a match box at the site of incident together with disturbed belongings is not a conclusive proof in support of allegation. The postmortem findings are always vital as this report will reveal as to the extent of burns sustained by the deceased alongwith other signs denoting resistance offered to establish the case. The signs indicating antemortem burns are variable and are present on the body of the victim. In an attempt to protect herself the woman is likely to struggle and commonly the signs of a struggle are seen in the form of bruises, abrasions and wounds. In one of the cases the woman had bitten the husband to protect herself and the facts being informed, the findings were seen present on the right hand of her husband. The extent of bums are determined by Duputren s rule of Nine and bum in excess of 30 of body surface is considered fatal. I am not going in full details of the pattern of burns that is presented as it is always variable. Besides establishing that the bums sustained are antemortem in nature, the post mortem report should reveal that: There is presence of heat coagulation of tissues except in charred bodies as the presence of heat coagulation of muscle protein indicates that the body was exposed to moderate heat for a long period. The trachea and bronchi should show presence of fine carbon particles (often mixed with mucus). This provides indisputable evidence that the deceased had inhaled smoke and was alive when she was set on fire (as smoke is emitted due to fire). Another conclusive piece of evidence is provided by the examination of blood. The trachea and bronchi should show presence of fine carbon particles (often mixed with mucus). This provides indisputable evidence that the deceased had inhaled smoke and was alive when she was set on fire (as smoke is emitted due to fire). Another conclusive piece of evidence is provided by the examination of blood. It is always advised that sample of blood should be preserved alongwith clothes and other articles by the Autopsy Surgeon and sent for chemical analysis. The findings of chemical analysis should reveal presence of kerosene and hydrocarbon on clothes and the blood should reveal presence of carboxy haemoglobin. A concentration of 5-10 of carboxyhaemoglobin is significant. The pattern of burning of clothes is suggestive of the mode of burn. Usually in accidental burns where the victim clothes catch fire accidentally in kitchen or by a burning lamp, the burns are found in lower parts of body as the lower part burns first later on the burns effects the upper parts so the burns are found in lower limbs which extends to thighs, Trunk, arms and face. The burns usually commence lower in that side of legs immediately opposite that part of garment which first ignited. The lower legs, the inner sides of thighs the axillae are usually spared. The presence of singeing of hair is a significant finding in homicidal cases. There are always instances where accidental burns are given a shape of homicidal burns to establish it a case of "Dowry Death" by burns but a close look at findings of Postmortem examination and the circumstances will always lead to right conclusion, if analysed scientifically in a medicolegal perspective. 1. Published in the Gazette of India (Extraordinaty), Part II – Section 3(i), dated 27.10.1993, I. No. 369, P.1 1. Published in the Gazette of India (Extraordinary) Part II section 3(i), dated 14.12.1993, I No. 437, p. 2.