TMI Blog2009 (7) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to comply with the specific requirements of the Act and the Rules. It is not denied or disputed that the appellant neither applied for nor granted any authority to export by the Narcotic Commissioner or any other Officer who is authorized in this behalf – Bail appeal rejected. - 1324 of 2009 - - - Dated:- 27-7-2009 - S.B. Sinha and Deepak Verma, JJ. S/Shri K.T.S. Tulsi, Sr. Advocate, Vikas Pahwa and Rishi Malhotra, Advocates, for the Appellant. S/Shri Mohan Jain, ASG, P.K. Dey and Shreekant N. Terdal, Advocates, for the Respondent. [Judgment per : S.B. Sinha, J.].- Leave granted. 2. One Seethapathy (Accused No. 1), since absconding, President of M/s. Chandra Importers Inc., New York (for the sake of brevity, hereinaft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Act or the Rules framed thereunder. The learned Special Judge as also the High court, however, disagreeing with the said contention of the appellant herein rejected his application for bail. 4. Mr. K.T.S. Tulsi, learned Senior Counsel appearing on behalf of the appellant would contend that the High Court committed a serious error in passing the impugned order insofar as it failed to take into consideration that all drugs being Schedule 'G' and 'H' drugs under the Drugs and Cosmetics Rules, 1945, export thereof would not attract the provisions of Rule 58 of the Narcotic Drugs and Psychotropic Substances Rules, 1985 (for short, "the Rules") framed by the Central Government in exercise of the powers conferred upon it by Section 9 rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, export inter-state, import into India, export from India or transship 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 requirement by way of licence, permit or authorization also in accordance with the terms and conditions of such licence, permit or authorization. 8. Chapter VI of the Rules deals with import, export and transshipment of narcotic drugs and psychotropic substances. Rule 53 provides for general prohibition. Rule 58 provides that subject to Rules 3 and 53A, no narcotic drugs, or psychotropic substances specified in the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act. Similarly, Chapter VII provides for psychotropic substances. Rule 64 provides for general prohibition. Rules 53 and 64, thus, contain a genus and other provisions following the same under the said Chapter are species thereof. This we say in view of the fact that whereas Rule 64 provides for general prohibition in respect of sale, purchase, consumption or use of the psychotropic substances specified in Schedule I, Rule 65 prohibits manufacture of psychotropic substances, whereas Rule 66 prohibits possession, etc. of psychotropic substances and Rule 67 prohibits transport thereof. Rule 67A provides for special provisions for medical and scientific purposes. 20. The general prohibitions contained in both Rules 53 and 64, therefore, ref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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