2017 (12) TMI 1599

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..... hing the proceedings against him in OR No. 01/2017/CCP.CHN/NDPS of the Cochin Customs Preventive Unit registered under Sections 22 and 23 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act. (NDPS Act). 2. The prosecution case is that on 7-2-2017, the petitioner illicitly imported huge quantity of 180 Kgs. of "khat leaves" of African origin to India. The contraband a .....

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..... listed as item No. 171 in the Schedule. Of course, khat leaves, by that name is not seen listed in the Schedule to the NDPS Act. The question for consideration is not how the substance is called, or what is its scientific name or botanical name, but what does it contain. The substance allegedly seized from the hands of the accused was found containing two prohibited Psychotropic Substances listed .....

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..... the NDPS Act. The Court cannot take things technically and mechanically quash the prosecution saying that the substance by name "khat leaves" is not included or listed in the Schedule to the NDPS Act. I find no merit in the contentions raised by the petitioner, and I find no legal ground or factual ground to quash the prosecution. 4. In the result, this petition is dismissed.
Case laws, .....

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