2020 (9) TMI 421

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.... Section 8(C) r/w Sections 22, 23, 28 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) r/w Sections 135 and 135(1)(a) of the Customs Act, 1962, as against the petitioner. 2. The learned counsel appearing for the petitioner submitted that the petitioner is an Ethiopian National and he is doing his under graduation degree in BBA in Chennai. The respondent filed a complaint alleging that on 24.02.2018, an import parcel was booked in Kenya by one Abdihakim Nur Muhidin containing a package weighing 7.9 Kgs of Khat Leaves, a stimulant containing Catha Edulis. The said package contains the name of the petitioner and his cousin has booked the same and sent to him. The alleged package reached the shore....

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....f Mumbai on 03.03.2018 and reached the Foreign Post Office at Meenambakkam, Chennai on 05.03.2018. The parcel was scanned by the Postal Appraisal Department under the supervision of the Superintendent attached with the Postal Appraisal Department. The images appeared to be of leaves and might be of narcotics in nature and the same was detained for examination. On 12.03.2018, the parcel was examined and the contents of the parcels were suspected to be narcotic in nature and the same was referred to Postal Appraisal Department Intelligence Unit for further investigation. Thereafter, on 27.04.2018, in the presence of two independent witnesses, the officers concerned taken up the above parcel for examination and found that the parcel contains d....

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....el appearing for the petitioner is that the plant khat was neither a narcotic drug nor psychotropic substance and it came to be included in the list of psychotropic substances under the NDPS Act, 1985 by virtue of a notification No.S.O.821(E) dated 27.02.2018. The alleged package was booked prior to the notification i.e., on 24.02.2018. Therefore, no offence can be tried as on the date of booking of the package and the substance was not banned in India. In support of his submission, he also relied upon the judgment of the Hon'ble Gujarat High Court passed in Criminal Misc. Application No.28230 of 2018, in the case of Chirag Hasmukhrai Bhojani anr Vs. State of Gujarat, dated 09.05.2018. The relevant portion of the said judgment is extrac....

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....uary 2018. 6. Mr. Desai, the learned standing counsel appearing for the respondent No.2 fairly conceded that the applicants cannot be prosecuted for the alleged offence as on the date of commission of the offence, "Khat Leaves" were not included as a psychotropic substance. 7. Having regard to the stance of the respondent No.2, there should not be any difficulty in allowing this application and quashing the prosecution against the applicants. 8. In the result, this application is allowed. The proceedings of the Sessions Case No.4 of 2017 pending in the Court of the Principal Sessions Judge, Ahmedabad are hereby quashed. All consequential proceedings pursuant thereto stand terminated. Rule is made absolute. Direct ....