TMI Blog2009 (3) TMI 208X X X X Extracts X X X X X X X X Extracts X X X X ..... sureties in the like amount. One of the sureties shall be a local surety. Applicant shall report to the Customs Authorities once in three months and shall report to Customs Authorities in Chennai once in a month.Application is accordingly allowed in the aforesaid terms. - 663 of 2009 - - - Dated:- 12-3-2009 - V.M. Kanade, J. [Order]. - Heard the learned Counsel appearing on behalf of the appellant and the learned Counsel appearing on behalf of Respondents - Union of India. 2. This is an application for bail. Applicant was arrested by Officers of Respondent No. 2 on 29-1-2009 at Mumbai Air Port when the applicant was about to travel abroad. In the arrest memo and remand application, it is alleged that the applicant was attemptin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it could not be said that the offence is non-bailable offence. 4. Mr. Salvi, learned Counsel appearing on behalf of the Union of India, on the other hand, invited my attention to the affidavit-in-reply filed by the Assistant Commissioner wherein it has been stated that vide Notification No. 67(RE)-2007) 2004-2009 dated 27-12-07 issued under Section 5 read with Section 8(2) of the Foreign Trade (Development Regulation) Act, 1992, 'No objection certificate' from the Central Bureau of Narcotics is required for export of Ketamine Hydrochloride in view of the abuse of the drug. The learned Counsel invited my attention to the judgment of the Apex Court in the case of Commissioner of Customs Kolkata v. Grand Prime Ltd., reported in 2003 (155) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oride has not been prohibited for exportation under section 11. The learned Counsel for the applicant also invited my attention to the Notification issued by the Central Government under section 135 in which fake currency notes were expressly prohibited from export. It is, therefore, submitted that since no notification had been issued in respect of the drug Ketamine Hydrochloride under Section 135(1)(i)(C), it does not fall under the category of goods prohibited for export and, at the most, penalty could be levied. It is, therefore, submitted that the said offence would fall under section 135(1)(ii). This submission cannot be accepted. From the definition of the word "prohibited goods", it is abundantly clear that "prohibited goods" means ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licant that the word "prohibited goods" referred to prohibitions imposed under the Act, therefore, cannot be accepted. On the same ground the submission that since no notification has been issued under section 135(1)(i)(C), the said goods would not amount to prohibited goods also cannot be accepted. 7. Reliance was placed by the learned Counsel appearing on behalf of the applicant on the judgment of the learned Single Judge of this Court (Coram: V.M. Kanade, J.) passed in Criminal Application No. 334 of 2009. In the said order, this Court has held that since Notification under section 135(1)(i)(C) had not been issued, Trial Court had erred in coming to the conclusion that the offence is non-bailable offence. In the said case, Counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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