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2013 (7) TMI 1006 - HC - CustomsBail application - offences punishable under Sections 8(c), 22, 23, 24, 25, 27A, 28, 29, 30 and 38 of the Narcotic Drugs & Psychotropic Substances Act, 1985 - illegal exports/smuggling of Narcotic drugs and/or psychotropic substances by courier mode - keeping in view the nature of contravention, whether the applicant is entitled to be released on bail? - Held that: - when rules are made to permit and regulate operations of narcotic drugs and psychotropic substances, they cannot be in contravention of Section 8 of the act and the same need to be construed essentially keeping in mind exception to Section 8. Any other interpretation would make the provisions of the Act subservient to the rules and orders. The huge quantity of psychotropic substances seized from the accused even when is not mentioned in Schedule I it would still become an offence under Section 8(C) read with Section 22 and he cannot be enlarged on regular bail for not having fallen under any of the exceptions carved out in the provision itself. Interpretation otherwise than this would render not only the Schedule to the Act otiose but would frustrate the very objective of the Act, particularly keeping in mind huge quantity of psychotropic substance seized from the applicant. No case is made out to exercise discretionary powers under Section 439 of the Code of Criminal Procedure, 1973 in favour of the applicant - application dismissed - decided against applicant.
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