Narcotic Drugs and Psychotropic Substances Act, 1985-Section 21- Narcotic Drugs and Psychotropic Substances Rules, 1985-Rule 66-Person found in possession of psychotropic substance Conviction under-Justification of-Held: Quantity of psychotropic substance seized falls within the limit of small quantity used for personal medicinal purpose thus, entitled to benefit under the Rule and no offence under Section made out-Hence conviction not justified-Also no separate permit required to claim benefit.
According to the prosecution, appellant was found in possession of 25 ampoules of manufactured drug-Buprenorphine Hydrocholride (Tidigesic) alongwith three syringes. He was charged for having committing the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Trial Court acquitted the appellant of the charge. However, High Court set aside the acquittal. Appellant filed an appeal before this Court but the same was dismissed. He then filed a review petition which was allowed by this Court. Hence the present appeal. Respondent-State contended that unless the appellant held a permit granted under Rule 66 of the NDPS Rules, he cannot claim benefit under the provisions of that Rule