2000 (7) TMI 97 - HC - Customs

Court grants bail in customs case under Narcotic Drugs Act, emphasizes evidence requirement.

The court granted bail to the petitioner in a customs case under the Narcotic Drugs and Psychotropic Substances Act, 1985. The court emphasized the need ... Bail by High Court Issues:Grant of bail in customs case under the Narcotic Drugs and Psychotropic Substances Act, 1985 based on the interpretation of Section 37 and the chemical composition of recovered substance.Analysis:The petitioner sought bail under Section 439 read with Section 482 of the Code of Criminal Procedure in a customs case under the Narcotic Drugs and Psychotropic Substances Act, 1985. The Additional Sessions Judge rejected bail citing Section 37 of the Act, which she believed imposed a negative language embargo on bail. The prosecution alleged that the petitioner, detained by Customs authorities, possessed 1,68,590 Diazepam tablets, constituting an offense under the Act. The defense argued that the tablets were covered under the Drugs and Cosmetics Rules as 'medicine' and not within the Act's purview.The defense contended that the recovered Diazepam tablets bore the symbol 'Rx,' indicating they were not covered by the Act. They further argued that unless the substance recovered matched the chemical composition specified in the Act's Schedule, it could not be deemed a psychotropic substance under the Act. The Central Revenue Control Laboratory's report confirmed the substance as Diazepam, but the court found this insufficient to establish an offense under the Act, as mere identification as Diazepam was inconclusive.Referring to a previous judgment, the defense highlighted that possession of Diazepam was considered an offense under the Act, emphasizing the substance must align with the Act's description. The Customs argued against bail due to the petitioner's foreign nationality, but the court rejected this argument, emphasizing the importance of not detaining individuals solely based on their foreign origin without a prima facie case. Ultimately, the court admitted the petitioner to bail upon furnishing a personal bond and a surety, ensuring compliance with the trial court's jurisdiction and notifying the Embassy of Uzbekistan of the bail conditions.In conclusion, the court granted bail to the petitioner based on the lack of conclusive evidence linking the recovered substance to a psychotropic substance under the Act, emphasizing the importance of upholding principles of the rule of law and human rights, regardless of the petitioner's nationality.