NDPS Act Courts Cant Declare a Particular Drug as Manufactured Drug or Psychotropic Substance: JKL High Court

Post published:March 31, 2022
Post category:Daily Judgments / High Court of Jammu and Kashmir and Ladakh
Reading time:5 mins read

NDPS Act Courts Can’t Declare a Particular Drug as Manufactured Drug or Psychotropic Substance

Case: Khurshid Ahmad Dar V. Union Territory Of J&K

Coram: Justice Sanjay Dhar

Case No.: CRM(M) No.251/2020

Court Observation: “The kind of drug that has been recovered from the possession of the petitioner may have an adverse impact on its consumers or even it may cause addiction but then it is for the Government to consider these aspects and having regard to the available nformation as to its nature, include it in the list of ‘manufactured drugs’ or ‘psychotropic substances’. The Courts cannot enter into this arena and make a declaration that a particular drug is a ‘manufactured drug’ or a ‘psychotropic substance’. This is exactly what the learned trial court has done, thereby exceeding its jurisdiction,” the Court further held as it set aside the order of framing of charge and also granted bail to the petitioner.

Khurshid-Ahmad-Dar-V.-Union-Territory-Of-JK-31-March-8 Download

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