Manoharlal vs State Of Rajasthan
2022 Latest Caselaw 5423 Raj

                                       (1 of 2)                 [CRLR-1227/2019]

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
        S.B. Criminal Revision Petition No. 1227/2019

Manoharlal S/o Bheem Chand, Aged About 45 Years, By Caste
Agarwal, R/o 54-C Block, Ward No.14 Srikaranpur Dist.
Sriganganagar.
                                             ----Petitioner
                            Versus
State Of Rajasthan, Through Pp
                                           ----Respondent


For Petitioner(s)        :     Mr. Umesh Shrimali
For Respondent(s)        :     Mr. S.K. Bhati, PP


     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

12/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     The petitioner has preferred the present petition claiming the

following reliefs:-
     "Therefore, it is most respectfully prayed that this criminal
    revision petition may kindly be allowed and the order
    dated 15.07.2019 passed by Add. Dist. & Session Judge
    Srikaranpur, Sriganganagar, may kindly be ordered to be
    set aside."

     Learned counsel for the petitioner submits that Lomotil,

Diphenoxylate Hydrochloride and Atropine Sulphate Tables UPS

are the contraband in question. Learned counsel further submits

that as per serial no.58 of Manufactured Narcotic Drugs (as

contained in Govt. of India's Notification S.O. 826(E) dated

14.11.1985 and S.O. 40(E) dated 29.01.1993) earmarking the

NDPS substance clearly indicates that if there is mixture of

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                                                                           (2 of 2)                  [CRLR-1227/2019]



                                   Atropine Sulphate with the Diphenoxylate Hydrochloride, then it

                                   will not fall under the NDPS Law.

                                         Learned counsel for the petitioner has referred to the

                                   following judgments :-

                                   "(i) Naresh Kumar Vs. State of Punjab, (Criminal Revision

                                        No.604/2010), decided on 16.05.2011.

                                   (ii) Baljinder Singh & Anr. Vs. State of Punjab (CRM

                                        No.8133/2011) decided on 07.05.2012."

                                         Learned Public Prosecutor opposes the petition. He relies

                                   upon the following judgment :-

                                   "(i) Surjeet    Kumar        Vs.      State        of     H.P.   (Cr.MP     (M)

                                        No.792/2017), decided on 17.07.2017.

                                   (ii) Bittu Kumar @ Sonu Vs. State of Punjab (CRM-M

                                        no.156/2018), decided on 12.01.2018."

                                         After seeing the serial no.58 of the Gazette Notification, this

                                   Court is not convinced that the tablet Lomotil at this stage can be

                                   considered as a non-NDPS substance. At this stage, after framing

                                   of charge, is not a proper stage for contesting such case. It is only

                                   after the evidence is taken and complete analysis is done, the

                                   learned trial court can arrive at a conclusion whether the

                                   contraband in question falls within the NDPS law or not.

                                         Thus, the revision petition is dismissed while giving liberty to

                                   the petitioner to raise all his issues regarding the substance in

                                   question before the learned trial court at appropriate stage.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

16-Sudheer/-

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