ORDER 1. This petition has been filed by the petitioners for the purpose of setting aside the charge which has been framed against them by the Special Judge, Dhar in the matter of Special Case No. 4/96 by which they have been charged for committing an offence punishable under the provisions of S. 8/21 of Narcotic. Drug and Psycotropic Substances Act, 1985 (hereinafter referred to as Act for convenience. They have been charged with the allegations that on 5.1.96 at 3.30 p.m. they were found in possession of 930 gms. of paracetamol at the locality known as Badi Chopati at Badnawar. The prosecution charge is that by possessing paracetamol they had committed offence punishable under 8/21 of the Act. Papers of investigation show that T.I. of Badnawar Police Station got the information that the petitioners were travelling by bus bearing No. MBN-1166 belonging to Udai Travels which was coming from Mandsaur side. The raiding party apprehended the present petitioners and their persons were searched in presence of panch witnesses. In the search they were found possessing 930 gms. of a powder in a briefcase which was lying near their feet in the bus. The said powder was sent to FEE for analysis. By the report dtd. 8.4.96 bearing No. A.V.V. Pr./ee/C-7/96. The assistant analyst, Prakash Chandra Dube reported that the said powder was not containing diacotyle worphin (herein). However, it was containing paracetomal (antiparotic/analgecie) 2. Shri Khan, learned counsel appearing for the petitioners argued that paracetamol (antiparotic/analgecie) does not come under the purview of provisions of Act and, therefore, the petitioners cannot be tried for an offence punishable under provisions of the Act and, therefore, the trial Court should have discharged them instead of framing charge against them. For supporting his argument Shri Khan has placed reliance on 'Pharmacopocia of India' (The Indian Pharmacopocia) Vol. 1. Third Edition published by the Controller of Publications, Delhi 1985 on the behest of Government of India, Ministry of Health and Family Welfare. He pointed out that on page 359 of this book paracetamol has been described which shows that it is not a narcotic drug, psycotropic substance of manufactured drug which come under the purview of the Act. He also placed reliance on 'Pharmacologh and Pharmacotherepeutics, revised Tenth Edition by R.S. Satoskar and S.D. Dhandarkar published by Popular Prakashan Bombay. He pointed out that on page 359 of this book paracetamol has been described which shows that it is not a narcotic drug, psycotropic substance of manufactured drug which come under the purview of the Act. He also placed reliance on 'Pharmacologh and Pharmacotherepeutics, revised Tenth Edition by R.S. Satoskar and S.D. Dhandarkar published by Popular Prakashan Bombay. He pointed out that at page 145 of this book paracetamol has been described which also shows that it is not either narcotic drug, psycotropic substance or manufactured drug which come within the purview of the provisions of the Act. 3. Shri Sen submitted that the facilities may not be available to F.S.L. for the purpose of detecting paracetamol and, therefore, the petitioners may be discharged but the prosecution may be permitted to analysise that powder again. 4. S. 2 (iii) defines 'Cannabis (hemp) as -(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom; S. 2 (iv) defines -"cannabis plant" means any plant of the genus cannabis; (iv) "coca derivative" means-crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine; ecgonine and all the derivatives of ecgonine from which it can be recovered; cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and all preparations containing more than 0.1 per cent, of cocaine; "coca leaf" has been also defined. Thereafter' 'coca plaint" has also been defined in the same section. . (vii) (a) of S. 2 -- "controlled substance" means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance. . (vii) (a) of S. 2 -- "controlled substance" means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance. S. 2 (xi) has defined "manufactured drug" -- as (a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate; (b) any other 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 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 (l manufactured drug; S. 2 (xii) has defined "medicinal cannabis", that is, medicinal hemp, means any extract or tincture of cannabis (hemp); S. 2 (xiv) has been defined "narcotic drug" as - coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs; S. 2 (xv) has been defined "opium" as the coagulated juice of the opium poppy; and any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more them 0.2 per cent of morphine; S. 2 (xvi) defines "opium derivative" (a) medicinal opium, that is, opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral materials; (b) prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked; (c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts; (d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its salts; and (e) all preparations containing more than 0.2 per cent of morphine or containing any diacetylmorphine; S. 2 (xvii) defines "opium poppy" and S. 2 (xviii) defines; "poppy straw". S. 2 (xix) defines "poppy straw concentrate". 5. Pharmacopoeia of India published at the behest of Govt. of India, Ministry of Health and Family Welfare Third Edition of 1985 has described paracetemol as - Acetaminophen and its description has been given as "white crystals or white crystalline powder, odourless, taste, slightly bitter. The explanation which has been given in respect of paracetamol in that book does not show that it is any way comes under the definition of narcotic drug, psychotropic substance or manufactured drug as given by S. 2 of the Act. Further information has been given about paracetamol tablets. that also does not show anything indicating that this comes under the purview of S. 2 of the Act. 6. Pharmacology and Pharmacotherapeutics by R. 5. Satoskar and S.d. Phandarkar, gives the information in respect of paracetamol at page number 145. It describes 'paracetamol as - Compounds exert analgesic and is antipyretic effects like salicylatce. Paracetamol is a slightly more potent antipyrotic than phanacotin and is equianalgesic with aspirin in thorapeutic dose; but both are devoid of significant anti-inflammatory effect. The information which has been given in this book also does not show that it comes any way under the purview of S. 2 of the Act. 7. The person cannot be charged and tried for committing the breach of penal provisions of the Act unless prosecution indicated, by the investigation done, that such a person has committed any act, which is inviting the penal provisions of the Act. The prosecution is obliged to bring prima-facie material against such personls for making out a prima-facie case that such person is laible to be tried and punished for committing the breach of provisions of the Act which invites punishment. So far as present case is concerned, it is the duty of the prosecution to bring such material before the Court which will prima-facie show that petitioners were in 'possession of such substance which falls within the purview of provisions of S. 2 of the Act which is defining narcotic drug, psychotropic substance or manufactured drug. The prosecution has not brought anything on record to show that paracetamol is falling under the provisions of S. 2 of the Act. 8. The prosecution has not brought anything on record to show that paracetamol is falling under the provisions of S. 2 of the Act. 8. At the time of framing the charge against the accused it is the duty of the Court to apply its mind for the purpose of finding out whether prosecution has made out a prima-facie case against the accused which, if unrebutted, would warrant conviction. In the matter of Satish Vithrina v. Delhi Administration reported in JT 1996 (7) SC 6, the Supreme Court has observed that "When the judge is fairly certain that there is no prospect of the case ending in conviction the valuable time of the Court should not be wasted for holding a trial only for the purpose of formally completing the procedure to pronounce the conclusion on a future date. We are mindful that most of the sessions Courts in India are under heavy pressure of workload. If the Sessions Judge is almost certain that the trial 'would only be an exercise in futility or a sheer waste of time it is advisable to truncate or mip the proceedings at the stage of S. 227 of the Code itself." 9. When the prosecution is unable to indicate even a primalacie case for commission of offence, the Court should not frame the charge against such person only for the purpose of completing the formality of conducting a trial. It is to be remembered that every trial directly or indirectly invites a troublesome ordain making that person to attend that Court on frequent dates, making that person to incur expenditure for defending himself in that trial. When the prosecution is not in a position to indicate even a prima-facie case for commission of offence, in such case the Court should not frame the charge against such accused but should discharge such accused at the time of the stage of thinking for framing the charge. Learned trial judge has not done so and, therefore, I have no hesitation in coming to the conclusion that the charge which has been framed against the petitioners needs to be set aside and they need to be discharged. 10. Thus, the petition is allowed. The charge framed against the petitioners by Special Judge Dhar, in Special Case No. 4/96 stands set aside and the petitioners stand discharged. 11. Shri Khan submitted that petitioner-Ashok is in jail. 10. Thus, the petition is allowed. The charge framed against the petitioners by Special Judge Dhar, in Special Case No. 4/96 stands set aside and the petitioners stand discharged. 11. Shri Khan submitted that petitioner-Ashok is in jail. Therefore, if he is not required in any other enquiry, proceeding or trial, he may be released from jail as early as possible. The record be despatched to the trial Court for necessary action immediately.