Prima facie narcotics and customs offences defeat quashing where sanction objections are curable and sampling disputes need trial evidence.

Criminal proceedings for alleged concealment and attempted export of heroin in courier consignments were not quashed where the complaint disclosed a prima facie narcotics and customs offence. The challenge based on absence of sanction failed because prosecution under the NDPS Act did not require sanction in the manner contended, and sanction had in any event been granted for the Customs Act offence. The mistaken reference to Section 8(c) was treated as a curable typographical error. Objections concerning sampling, delay in sending samples, and absence of quantitative analysis raised disputed factual issues requiring trial and could not defeat the prosecution at the threshold.

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Issues: Whether the criminal proceedings for alleged concealment and attempted export of heroin in courier consignments were liable to be quashed on the grounds of absence of sanction, mismatch in the penal provisions mentioned, and procedural objections regarding sampling and analysis.

Analysis: The prosecution case disclosed seizure of heroin concealed in books sent through a courier parcel, and the petitioner was shown to be involved in international courier clearance operations. The challenge based on sanction failed because prosecution under the NDPS Act does not require sanction in the manner suggested, and sanction had in any event been accorded for the Customs Act offence under Section 135. The complaint's reference to Section 8(c) was treated as a typographical error in place of the intended provision and was regarded as a curable defect. Objections regarding the number of samples, the delay in sending the sample, and the absence of quantitative analysis were held to raise factual matters requiring trial and could not justify quashing at the threshold.

Conclusion: The proceedings were not liable to be quashed and the challenge failed.

Final Conclusion: The Court declined to interfere with the criminal prosecution and allowed it to proceed on merits.

Ratio Decidendi: A prosecution cannot be quashed at the threshold where the complaint discloses a prima facie narcotics and customs offence, the alleged defect in citing the penal provision is curable, and disputed factual objections to sampling or analysis require evidence at trial.

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