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2021 (11) TMI 890 - HC - Indian LawsSmuggling - recovery of Pseudoephedrine during search - mandatory provisions of Section 50 NDPS Act have been followed or not - section 67 NDPS Act - HELD THAT:- In the instant case, on 10.01.2019 a secret information was received and petitioner was intercepted at IGI airport while he was travelling to Dar-Es-Sallam via Doha and during search 24.5 Kg. of Pseudoephedrine was recovered from his bag. The petitioner during investigation tendered his voluntary statement U/s 67 NDPS Act and admitted the recovery. The petitioner was supposed to hand over the suit case containing Pseudoephedrine to his co-accused at Tanzania which was seized from his possession. During investigation, mobile phone of the petitioner and other co-accused persons were examined and it was found that they were in constant touch with each other. Manner in which the samples were drawn was as per law or not - it is contended that the sample were not taken from each packet and this is totally a violation of law in drawing the sample of drugs - while issuing notice U/s 50 of the NDPS Act the mandatory provisions of Section 50 NDPS Act have been followed or not - HELD THAT:- Both the contentions are liable to be rejected as they relate to violation of the procedural aspects which can only be looked into during the course of trial and cannot be deeply analyzed at the stage of bail. Applicability of embargo of Section 37 of NDPS Act - the substance recovered is neither a narcotic drug nor a psychotropic substance - HELD THAT:- In the instant case, there is a recovery of huge quantity of Pseudoephedrine i.e. 24.5 Kg. which was recovered from the possession of the petitioner while he was present at the IGI airport for travelling to Tanzania. In the instant case, looking into the allegations against the petitioner, quantity of the substance recovered and also the fact that the petitioner is a foreigner and bail of the co-accused has been dismissed by this court vide order dated 24.11.2020, no ground for bail is made out. The bail application is dismissed.
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