JUDGMENT Justice Rajiv Sharma, Judge (oral).An F.I.R. No. 62/2013 dated 11.2.2013 was registered against the petitioner under section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the “Act” for brevity sake) in Police Station, Paonta Sahib. The petitioner moved an application bearing Bail Application No. 12-BA/22 of 2013 before the Special Judge-1, Sirmaur District at Nahan. He rejected the same on 20.3.20 13. Hence, the present application. 2.According to the facts contained in order dated 20.3.2013, on 11.2.2013 at about 10.00 P.M. when the police party was patrolling in official vehicle No. HP-07A0325 at Gujjar Colony near Jagir Brick Kiln, on seeing the police vehicle, petitioner ran towards the fields. He was carrying a bag in his right hand. He was apprehended by the police. 25 strips containing 600 capsules of 510 mg Proxyvon were recovered. He could not produce any valid permit. The drugs recovered from the petitioner were taken into possession by the police. The petitioner was arrested. The petitioner was also arrested in FIR No.226/2012 registered against him under section 21 of the Act. He was released by the Court on 3.7.2012. The petitioner has again been arrested on 11.2.2013. 3.Mr. Karan Singh Kanwar has vehemently argued that the petitioner is innocent and has been falsely implicated. He has also argued that Proxyvon is not mentioned in the list of psychotropic substance in the Schedule prepared as per clause (xxiii) of section 2 of the Act. 4.Mr. Pramod Thakur has strenuously argued that the substance recovered from the petitioner is narcotic drug. He has relied upon notifications issued by the Government of India No. S.O. 826 (E) dated 14.11.1985 and S.O. 40 (E) dated 29.1.1993 of manufactured narcotic drugs. Dextropropoxyphene has been defined at Sr. No. 87 of the notification. 5.It is true that Dextropropoxyphene (Proxyvon) does not find mention in the list of psychotropic substance as per Schedule of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Dextropropoxyphene has been defined at Sr. No. 87 of the notification. 5.It is true that Dextropropoxyphene (Proxyvon) does not find mention in the list of psychotropic substance as per Schedule of the Narcotic Drugs and Psychotropic Substances Act, 1985. 6.“Manufactured drug” has been defined in clause (xi) of section 2 of the Act as under: “Manufactured drug” means— (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 a manufactured drug.” 7.“Narcotic drug” has been defined in clause (xiv) of section 2 of the Act as under: “Narcotic drug” means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured goods.” 8. The expression “psychotropic substance” has been defined in clause (xxiii) of section 2 of the Act as under: “Psychotropic substance” means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule; 9.The Central Government has already issued notification, as noticed hereinabove and Dextropropoxyphene (Proxyvon) has been defined as manufactured narcotic drug.
Section 21 provides that whoever, in contravention of any provision of the Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable, where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both and where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees and where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. 10.The Central Government has issued notification specifying small quantity and commercial quantity. Dextropropoxyphene (Proxyvon) finds mention at Sr. No.33 of the notification dated 19.10.2001. The small quantity is 20 grams and the commercial quantity is 500 grams. It is made clear that to determine whether the quantity is small or commercial, the weight of the entire bulk has to be taken into consideration. The Proxyvon (Dextropropoxyphene) falls within the ambit of manufactured narcotic drugs. It has been so notified vide notification Nos. No. 826 (E) dated 14.11.1985 and S.O. 40 (E) dated 29.1.1993. Small quantity and commercial quantity has been defined in Sr. No. 33 of the notification dated 19.10.2001. 11. The menace of the drugs has taken a dangerous dimension in the society. The spread of this menace must be curbed with iron hand. The petitioner, as noticed above, was also involved in the earlier case and was arrested and enlarged on bail. He has again committed offence under section 21 of the Act within a period of seven months of release of bail. 12 . Accordingly, in view of the observations and discussions made hereinabove, there is no merit in the petition and the same is dismissed.