2013 (11) TMI 1764

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....o. 09A/12 for the offences punishable under Section 9A, 25A and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS' Act) on the allegations that on 15th December, 2011 on the basis of secret information the officers of Directorate of Revenue Intelligence ('DRI') have recovered and seized 100 kgs. of Pseudoephedrine from a vehicle bearing registration No. HR-18A-0077 and it is alleged that at that time petitioner was driving the said vehicle. Nothing was recovered from the possession of the petitioner or at his instance. The substance in question is neither narcotic drug nor psychotropic substance but it is a controlled substance as defined under Section 2(vii) (d) of the NDPS Act. Rigour of Section 37 of the N....

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....l Leave Petition was dismissed. Charges have been framed and evidence is being recorded. There is no delay on the part of the prosecution. Co-accused has not been granted bail. It is a case of recovery and seizure of 100 kgs. of Pseudoephedrine. Keeping in view the heavy recovery, the application is liable to be dismissed. 4. Rebutting the submission of learned counsel for the respondent it was submitted by learned counsel for the petitioner that Rizwan Ahmad, relied upon by learned counsel for the respondent, does not help him, inasmuch as, in that case also recovery was of the controlled substance and therefore Section 37 of NDPS Act was not applicable, yet on that ground alone the application was dismissed. SLP was dismissed by a non-sp....

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....0 kgs. of Pseudoephedrine was recovered which is a controlled substance within the meaning of Section 2 (vii) (b) of the Act. Pseudoephedrine is not a narcotics drug as envisaged under Section 2 (vii) (a) of the Act. In N.C. Chellathambi (supra) one tonne of ephedrine was recovered, in Ajay Aggarwal (supra) recovery was of 1600 liters of Acctic Anhydride, in Rajiv Kumar @ Sukha (supra) recovery was of 25 kgs powder ephedrine hydrochloride, in Faiyaz Ahmed Rasool Shaikh (supra) and another recovery was of 290 kgs of pseudoephedrine, in Chakrapani Dutt (supra) recovery was of 100 liters of Acctic Anhydride, and in all these cases since the accused had remained in custody for certain period, they were released on bail. As regards Rizwan Ahmed,....