The case confirms that 'taking part in the manufacture' of a prohibited drug encompasses preparatory steps directed at manufacture, even where the completed product is not produced, provided the accused intended to take part in the manufacture of the particular drug charged. The proviso may be applied where errors in directions on the meaning of 'taking part' and on impossibility are established but the evidence overwhelmingly supports the conviction. Extensive and unexplained delays in filing grounds of appeal may result in leave being refused, particularly where the grounds, if successful, would lead only to a new trial rather than an acquittal.
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