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2012 (9) TMI 501 - DELHI HIGH COURTPetition for cancellation of bail granted - the assessee is alleged to have been found in possession of a controlled substance invoking applicability of rigours of Section 37 of the NDPS Act - Held that:- At this stage after the order had been dictated, learned counsel for the petitioner states that the goods seized from the respondent are not controlled substances but are psychotropic substances, this is strange as Special Judge, NDPS, New Delhi had proceeded on the basis that the respondent had been charged with possession of a controlled substance chargeable under Section 9A r.w.s. 25A of the NDPS Act and there is no averment or ground in the petition that the seized substance is not a controlled substance or that Sections 9A and 25 A are not applicable. In fact, the present petition is supported by an affidavit of an officer of the Customs Department and has been pending in this Court for the last more than four years. However, in the interest of justice, one opportunity is given to the petitioner to amend its petition, if it so desires, subject to payment of costs of Rs.50,000/-. Half the costs shall be paid to the respondent and the other half shall be deposited with the Delhi High Court Legal Services Committee within two weeks.
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