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2016 (11) TMI 1258 - DELHI HIGH COURT

2016 (11) TMI 1258 - DELHI HIGH COURT - TMI - Seizure of contraband substance - contraband substance was found having presence of Methaqualone - whether, the effected 951.350 Kg of contraband substance from the vehicle make Toyota Fortuner bearing registration No. DL 13CA 1800 pursuant to the disclosure made by Manu Khosla does cover under the NDPS Act, 1985? - the NDPS Act, 1985 which is a special law as compared to the general procedural law mentioned herein above. The NDPS Act, 1985 is applic .....

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ereby declaring it to be a psychotropic substance - The respondent is directed to surrender the vehicle make Toyota Fortuner bearing registration No. DL 13CA 1800 forthwith before the trial court, failing which the trial court will proceed further in accordance with law - petition allowed - decided against respondent assessee. - CRL. M.C. 5320/2013 & CRL.M.A. No. 19204/2013 - Dated:- 22-11-2016 - I. S. Mehta, J. For the Petitioner : Mr. Amish Aggarwala and Mr. Satish Aggarwala, Advocates For the .....

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ret information, the petitioner's, i.e., Directorate of Revenue Intelligence(DRI), officers had effected a seizure of 272.800 Kg of contraband substance from a three wheeler luggage carrier bearing registration No. DL 1LN 7074 which was driven by one Bablu Ram and co-passenger Anil Kumar. The said seized contraband substance was found having presence of Methaqualone. 3. Subsequently, during the interrogation it was revealed by Anil Kumar that the contraband substance was handed over to him b .....

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M/s Scilla Biotechnologies Limited, of which the present respondent is stated to be the Director. The present respondent, i.e., Amit Kumar, along with Anil Kumar and Manu Khosla were subsequently arrested in this case under the NDPS Act as they all were found to be dealing in contraband substances. However, during the interrogation it was found that Bablu Ram was only a driver of the three wheeler luggage carrier bearing registration No. DL 1LN 7074 and was not personally involved in the commis .....

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nt respondent, i.e., Amit Kumar, were released on bail by the lower Court vide order dated 20.07.2013. 5. Thereafter, the respondent moved an application dated 20.11.2013 seeking release of his vehicle make Toyota Fortuner bearing registration No. DL 13CA 1800 before the lower Court. The lower Court after perusal of the application as well as the reply thereto filed by the petitioner and hearing the arguments advanced by the counsels for the parties passed the impugned order dated 12.12.2013 dir .....

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e as and when directed by this court." 6. Aggrieved from the aforesaid impugned order dated 12.12.2013, the petitioner has preferred this petition seeking setting aside/quashing of the impugned order dated 12.12.2013. Hence the present petition. 7. The learned counsel for the petitioner has submitted that the order passed by the learned Special Judge, NDPS cases, Saket, New Delhi, is bad in law as well as on facts. The learned Special Judge had no jurisdiction to entertain and dispose of th .....

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of the vehicle on superdari under the NDPS Act. 9. The learned counsel for the petitioner has further submitted that this is not a case where a complaint has been filed before the learned Special Judge for him to exercise jurisdiction over the property seized in the case. The learned Special Judge erred in holding that the vehicle is not required for any purpose by the petitioner "at this stage" as reports in respect of 10 samples are awaited from CFSL Hyderabad. Further the investigat .....

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irectorate of Revenue Intelligence, SLP Crl No. 9593/2014. 2) Ganga Hire Purchase Pvt. Ltd. vs. State of Punjab and Ors., AIR 2000 SC 449. 3) Narender Kaur vs. Arun Sheoran, I.O., Narcotics Control Bureau, MANU/DE/0512/2000. 4) Directorate of Revenue Intelligence vs. Anil Kumar,MANU/DE/2419/2014. 5) Assistant Collector of Customs House, Indraprastha Estate, New Delhi vs. Tilak Raj Shiv Dayal, Dehradun, MANU/DE/0052/1969. 6) Randhir Singh and Ors. vs. Director of Intelligence, MANU/DE/0283/1985. .....

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has placed reliance on the following judgments in support of his contentions: 1) Sunderbhai Ambalal Desai vs. State of Gujarat, SLP Crl No. 2725/2002. 2) Sunderbhai Ambalal Desai vs. State of Gujarat, 2002 (9) SCALE. 3) Madan Lal vs. State, NCT of Delhi[Delhi], Delhi 2002 (1) JCC 444. 4) Gurbinder Singh @ Shinder vs. State of Punjab, CRR No. 1765/2015. 13. The whole dispute hinges around whether, the effected 951.350 Kg of contraband substance from the vehicle make Toyota Fortuner bearing regist .....

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over narcotic drugs under The Opium Act, 1857 and The Dangerous Drugs Act, 1930. 16. The Single Convention unambiguously condemns drug addiction, however, stating that "addiction to narcotic drugs constitutes a serious evil for the individual and is fraught with social and economic danger to mankind" which ultimately compelled the Indian government to introduce the Narcotic Drugs and Psychotropic Substances Bill, 1985 in the Lok Sabha on 23 August 1985. It was passed by both the Houses .....

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ny property is produced before any Criminal Court during an inquiry or trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section, "property" .....

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claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence. (2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof without any condition or on condition that he executes a bond with or without sureties, to the satisfaction .....

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executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. (5) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been co .....

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he person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a .....

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. Section 457 Cr.P.C. applies to a situation where the property which has been seized by the police was not produced before the Court. 19. The present case pertains to one under the NDPS Act, 1985 which is a special law as compared to the general procedural law mentioned herein above. The NDPS Act, 1985 is applicable over the general law for the purposes of the present case. The reliance is placed upon the judgment of the Apex Court in the case reported at P.V. Hemalatha vs. Kattamkandi Puthiya .....

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coca plant; or (b) cultivate the opium poppy or any cannabis plant; or (c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any .....

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ical and scientific purpose shall take effect only from the date which the Central Government may, by notification in the Official Gazette, specify in this behalf: [Provided further that nothing in this section shall apply to the export of poppy straw for decorative purposes.]" 21. Further Section 60 of the NDPS Act deals with its liablity of illicit drugs, substances, plants, articles and conveyances to confiscation. Sub-section (3) of Section 60 of the NDPS Act specifically emphasis that .....

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cial law. 23. The Department of Revenue of the Ministry of Finance with its Notification No.S.0.311.(E) dated 10.02.2011 declared Ketamine Hydrochloride to be a part of the schedule of the NDPS Act, thereby declaring it to be a psychotropic substance which is reproduced as under: " TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii) GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE NOTIFICATION New Delhi, the 10th February, 2011 S. O. 311 .....

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o the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) Act; Now, therefore, in exercise of the powers conferred by Section 3 of the said Act, the Central Government hereby makes the following addition in the list of Psychotropic Substances specified in the Schedule of the said Act, namely:- In the Schedule to the Said Act, after serial number 10 and the entries relating thereto, the following serial number and the entries shall be inserted, namely:- S. No. International Other Ch .....

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