Case Note & Summary
The petitioner, M/s. Kamud Drugs Pvt. Ltd., filed a criminal writ petition before the Bombay High Court seeking a direction to respondent No.2, the Central Excise Department, to provide test reports of samples collected from the petitioner company. The petitioner founded this relief on Section 25(2) and (3) of the Drugs and Cosmetics Act, 1940. However, the petition did not state that the samples were collected by an 'Inspector' under the Drugs and Cosmetics Act. It was common ground that the petitioner was facing prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985, and the samples were collected in connection with that offence. The panchnama annexed to the petition indicated that the search and seizure was done under Section 41(2) of the NDPS Act. The court examined whether the petitioner could insist on a copy of the Government Analyst's report under Section 25(2) of the Drugs and Cosmetics Act. It noted that Section 25(2) applies only to samples collected by an Inspector under Chapter IV of that Act. Since the samples were collected under the NDPS Act, the requirement of Section 25(2) was not attracted. The petitioner's argument that Section 80 of the NDPS Act, which provides that the Act is in addition to and not in derogation of other laws, would import Section 25(2) into NDPS proceedings was rejected. The court held that Section 80 does not override the condition that the sample must be collected by an Inspector under the Drugs and Cosmetics Act. Consequently, the petition was dismissed.
Headnote
A) Drugs and Cosmetics Act - Section 25(2) - Right to Copy of Report - Samples collected under NDPS Act - The petitioner sought a writ to direct respondent No.2 to provide test reports under Section 25(2) of the Drugs and Cosmetics Act, 1940. The court held that Section 25(2) applies only to samples collected by an Inspector under Chapter IV of that Act. Since the samples were collected under Section 41(2) of the NDPS Act, 1985, the petitioner was not entitled to the report under Section 25(2). The petition was dismissed. (Paras 1-4) B) Narcotic Drugs and Psychotropic Substances Act - Section 80 - Application of other laws not barred - The petitioner argued that Section 80 of the NDPS Act, 1985 requires observance of Section 25(2) of the Drugs and Cosmetics Act, 1940. The court rejected this, noting that Section 80 does not override the condition that samples must be collected by an Inspector under the Drugs and Cosmetics Act. (Para 4)
Issue of Consideration
Whether the petitioner is entitled to a copy of the Government Analyst's report under Section 25(2) of the Drugs and Cosmetics Act, 1940 in respect of samples collected in connection with a prosecution under the NDPS Act, 1985.
Final Decision
The petition is dismissed.
Law Points
- Section 25(2) of Drugs and Cosmetics Act
- 1940 applies only to samples collected by Inspector under Chapter IV of that Act
- Section 80 of NDPS Act
- 1985 does not import Section 25(2) of Drugs and Cosmetics Act
- 1940 into NDPS proceedings
