TaxTMI 
TaxTMI 
2013 (5) TMI 886
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....hai Manibhai Sharma @Bakabhai are suspected to be involved in illegal exports/smuggling of Narcotic drugs and/or psychotropic substances by courier mode through Air Cargo Complex, Ahmedabad. The information gathered further indicated that some consignment of Narcotic drugs and/or psychotropic substances is scheduled to be sent to USA/UK by courier mode through Air Cargo Complex, Ahmedabad, on 03.12.2011. Based on the above, the officers of DRI, Ahmedabad examined the goods presented for export to U.K. and U.S. by M/s. Anshanu Exports, Ahmedabad at Air Cargo Complex, Ahmedabad. Examination of the courier parcels booked for UK by M/s Anshanu Exports, Ahmedabad resulted in recovery of 37 packets. Upon opening the said 37 packets, the officers found that each packet contained an inner aluminum foil package with sticker label containing the following markings: • Kamud Drugs Pvt Ltd, • 1( 4methylphenyl) 2methylaminopropan1one • Batch No.MAD1101. • Gross wt. • Tare wt. • Net Wt.1.000 Kgs • Mfg. Date Nov2011 • Exp Date • Pouch No.10/37 • Storage Condition : P....
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....of Forensic Science, Gandhinagar (DFS) and the DFS vide their test report letter DFS/NARCFOTICS/11/NC/82 dated 7.12.2011 has reported that the samples were prima facie suspected to be 'METHAMPHETAMINE HYDROCHLORIDE' and later on vide test report letter DFS/EE/2011/NC/82 dated 20.12.2011 and test report letter DFS/EE/2011/NC/84 dated 15.02.2012 confirmed that the samples drawn from the 37 packets tested positive for 'METHAMPHETAMINE HYDROCHLORIDE'. The DFS also confirmed that 'METHAMPHETAMINE HYDROCHLORIDE' was covered under the NDPS Act, 1985. The total value of the 37 kgs of seized material comes to Rs. 37 Crores in the illicit international market. The samples drawn by the officers of Central Excise, Sangli were forwarded to the Chemical Examiner, New Custom House, Mumbai for analysis of the same. The Chemical Examiner, New Custom House, Mumbai vide their report dated 21.12.2011 reported that : ".... each of the samples is hydrochloride salt of nitrogen bearing organic compound and gives the colour test for secondary amine. Methamphetamine and the product under reference (i.e.1( 4 methylphenyl)2methylaminopropan1one) both contain secondary amin....
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....Kamud Drugs Pvt. Limited which was actually removed illegally from the factory premises of M/s Kamud Drugs Pvt. Limited and the said quantity was also placed under seizure by the officers of DRI, Mumbai. 3.5 Inquiries with the staff of M/s Kamud Drugs Pvt. Limited available at the factory premises during the course of Panchnama dated 04.12.2011 revealed that, consequent upon the above case, the FDI had cancelled licence No.SA20B/ 1447 Dt.23.05.2008 and SA21B/ 1418 Dt.23.05.2008 granted to M/s Kamud Drugs Pvt. Limited for manufacture of Ketamine and Ketamine Hydrochloride with effect from June 2011 and after the cancellation of the licence, M/s Kamud Drugs Pvt. Limited had shifted the stock of 81.650 kgs of Ketamine Hydrochloride to the dealers premises situated adjacent to the manufacturing unit. As, the manufacturers possessed a history of illicit removal of the controlled substance Ketamine Hydrochloride i.e 81.650 kgs were placed under seizure by the officers of Central Excise, Sangli. It is noteworthy to mention that the officers of DRI, Ahmedabad had also recovered 06 kgs of 'White Coloured powder substance' from the courier parcels of M/s Anshanu Exports at Air Car....
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....umulative and not alternative, are necessary to be satisfied that the accused is not guilty of commission of offence and no recurrence at his end is possible while on bail. It is also to be noted that exceptions of Section 8 referred to specifically in the provision will not come to the rescue of the present applicant as the present applicant is either not a medical practitioner nor is he having any manufacturing unit nor is he, in any manner, connected with any medicinal preparations. It is also alleged in the complaint itself that surreptitiously and unauthorizedly huge quantity of this psychotropic substances were to be exported. 30. This Court is also made aware of the fact that the psychotropic substances attempted to be exported unauthorizedly would fetch in the international market, huge sum running into crores of rupees ( Rs. 436 approximately). As noted in paragraph 12 of this order, Methamphetamine Hydrochloride is a very addictive stimulant drug and is structured similarly to Amphatamine. 31. Section 2(xxiii) explains psychotropic substances as follows:psychotropic substance means any substance, natural or synthetic, or any natural material or any salt ....
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....ake the provisions of the Act subservient to the rules and orders. 35. The question, therefore, would need to be answered that huge quantity of psychotropic substances seized from the accused even when is not mentioned in ScheduleI it would still become an offence under Section 8(C) read with Section 22 and he cannot be enlarged on regular bail for not having fallen under any of the exceptions carved out in the provision itself. Interpretation otherwise than this would render not only the Schedule to the Act otiose but would frustrate the very objective of the Act, particularly keeping in mind huge quantity of psychotropic substance seized from the applicant. 5. In the above backdrop of the case of prosecution and rejection of two applications by other two accused, now, the applicant herein - accused No.3 has filed this application. 5.1 Learned counsel appearing for the applicant would contend that testings conducted by Directorate of Forensic Science, Gandhinagar that both the chemicals viz. Methamphetamine and Mephedrone are similar in respect of chemical formulas is contrary to the report of reputed institutions like Haffkin Institute, Maharashtra and guidelines i....