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2023 (12) TMI 86 - HC - CustomsSmuggling - heroin - contraband item - quantitative analysis of the sample not done even as per the report - sanction required to prosecute the accused for the offences under NDPS Act or not - HELD THAT:- It is not the case of the petitioner that the samples were opened or missing. As per the test report dated 09.08.2011 of Assistant Chemical Examiner that all the seals were intact and were tallying with the facsimile seals kept in the Court letter and in the memo. It is further reported that the samples are in the form of brown coloured powder. It answers the test for the presence of Diacetyl morphine (Heroin) and is covered under N.D.P.S. Act, 1985. In so far as the sanction is concerned, no sanction is required to prosecute the accused for the offences under NDPS Act. In so far as the Customs Act is concerned, the Principal Commissioner of Customs had accorded sanction to prosecute the accused for the offence under Section 135 of Customs Act. The petitioner is prosecuted for the offence under Section 135 of Customs Act and not for the offence under Section 132 of Customs Act. Further there is typographical error, instead of Section 9(c) of NDPS Act, it has been typed as Section 8(c) of NDPS Act in the complaint and it is nothing but a curable defect and it is not a ground for quashing the proceedings as against the petitioner. This Court is not inclined to quash the proceedings in C.C. No.56 of 2016 on the file of the Special Court under E.C. & N.D.P.S. Act, Chennai as against the petitioner - Petition dismissed.
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