Narcotics
Control Act [XX of 1990]
Section 2(kha), 10(ga) & 3(kha) of the Second Schedule–
The
contention that unless the aforesaid provisions of laws are made to coexist by
giving harmonious interpretation or the said offending provisions of the
Narcotics Control Act are removed by amendment, members of the petitioner
association as manufacturers of homeopathic medicine and drugs will be
seriously affected is not real or justified.
Bangladesh
Homeopathic Medicine Manufacturers Association vs Bangladesh and others 55 DLR
590.
Section 19(1) & Serial (T) or (U)–of the Table–
In the
absence of any law declaring Phensidyl contraband, presence of Chlorpheniramine
maleate and/or codeine phosphate in Phensidyl will not make it contraband as a
schedule narcotic– Therefore, carrying or possession of the Phensidyl seized is
not a punishable offence.
Badal Kumar
Paul vs State 55 DLR 218.