Where a large number of manufactured drug in bulk quantity is found without authorization containing narcotic and psychotropic substances, the operation of NDPS act is not barred. Person can be charged for violating section 8 of the NDPS Act punishable in section 21 or 22 of the Act as the case may be.
After discussing the various case laws the Supreme Court observed “ First, we note that Section
80 of the N.D.P.S Act, clearly lays down that application of the Drugs and Cosmetics Act is not barred, and provisions of N.D.P.S. Act can be applicable in addition to that of the provisions of the Drugs and Cosmetics Act. The statute further clarifies that the provisions of the N.D.P.S Act are not in derogation of the Drugs and Cosmetics Act, 1940.
The aforesaid decision further clarifies that, the N.D.P.S Act, should not be read in exclusion to Drugs and Cosmetics Act, 1940. Additionally, it is the prerogative of the State to prosecute
the offender in accordance with law. In the present case, since the action of the accused/Respondents amounted to a primafacie violation of Section 8 of the N.D.P.S Act, they were charged under Section 22 of the N.D.P.S Act. ( State of Punjab vs Rakesh Kumar, Crl Appeal 1512 OF 2018 decided on 03/12/18)
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