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2014 (3) TMI 841 - SC - CustomsAcquittal of accused - offences under Sections 23 and 29 of the NDPS Act. - appellant submitted that the High Court grossly erred in coming to the conclusion that in the absence of proof that the Ganja allegedly seized from the custody of the respondent is of foreign origin, Section 23 of the NDPS Act is not attracted. - construction of Section 23 of the NDPS Act - Held that:- the expression “tranships” occurring therein must necessarily be understood as suggested by the learned counsel for the respondent. It can be seen from the language of the Section 9(1) that the Central Government is authorized to make rules which may permit and regulate various activities such as cultivation, gathering, production, possession, sale, transport, inter state import or export of various substances like coca leaves, poppy straw, opium poppy and opium derivatives etc., while the Parliament used the expression transport in the context of inter-state import or export of such material in sub- Section 1(a)(vi), in the context of importing to India and export out of India, Parliament employed the expression transhipment in Section 9(i)(a)(vii). Therefore, the High Court rightly concluded that the conviction of the respondent under Section 23 of the NDPS Act cannot be sustained. - Decided against the revenue.
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