TaxTMI 
TaxTMI 
2021 (4) TMI 926
X X X X Extracts X X X X
X X X X Extracts X X X X
....l Bureau (DZU), New Delhi. 2. Brief facts of the case that on 13.07.2019, on the basis of secret information, the petitioner/accused was apprehended at IGI Airport when she was going to Zambia and 19.3 Kg. of pseudoephedrine hydrochloride was recovered from her baggage. The petitioner/accused in her statement u/s 67 N.D.P.S. Act admitted the recovery and disclosed that she came to India on request of her friend and the bags concealing the said bags was given by her friend IKE. 3. I have heard the Ld. counsel for the petitioner, Ld. Sr. Standing Counsel for the respondent (NCB) and perused the records of this case. 4. It is submitted by the Ld. counsel for the petitioner/accused that the petitioner is in custody since her date of ar....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tioner has relied upon following Judgments:- • Gudikanti Narasimhulu and Others vs. Public Prosecutor 1978 AIR SC 429. • Rajesh Sharma v Directorate of Revenue Intelligence 2018 SCC Del 12372 Decided on 14.8.2018. • Sri. Vastavayi Siva Ramakrishna Paratna Varma vs. The State of Karnataka criminal Petition no. 200880/2017 Decided on 16.8.2017. • Madderia Shankar vs State of Karnataka Criminal Petition No. 200811 /2017 Decided on 1.08.2017. • Manoj Kumar Vs Director of Revenue Intelligence 2015 BAIL.A.257/2015 Decided on 03.03.2015 SCC 7830 (2015) 219 DLT 112. • Niranjan Jayantilal Shah v. Directorate of Revenue Intelligence Bail Appln. 1202/2013 2013 SCC Online Del....
X X X X Extracts X X X X
X X X X Extracts X X X X
....petitioner are U/s 9A/25 A of the NDPS Act. First and foremost question is whether rigors U/s 37 of the NDPS Act applies to the case of the petitioner or not. 8. The present petitioner is facing prosecution for charges U/s 9A and 25 A of the NDPS Act and hence obviously her case would not be covered U/s 37 of the NDPS Act. Moreover, as far as Section 9A which deals with controlled substance is concerned, there is no categorization of small quantity or commercial quantity. Therefore, concept of commercial quantity is applicable only to narcotic drugs and psychotropic substances and not to controlled substance. 9. Section 9A of the NDPS Act deals with the power to control and regulate controlled substance. "Controlled substance" means a....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 1 Lakh and the bar of Section 37 is not attracted in the present case as the substance recovered is a controlled substance within the meaning of Section 2 (viid) of the Act. 11. The next point for consideration is, whether the petitioner/accused who is a foreign national is entitled to be released on bail, if she is able to make out a case in her favour. The counsel for the petitioner has placed reliance upon "Gudikanti Narasimhulu and Others Vs. Public Prosecutor" 1978 AIR SC 429 in which it has been held as follows: "Personal liberty, deprived when bail is refused, is too precious a value of our constitutional system recognised under Art. 21 that the curial power to negate it is a great trust exercisable, not casually but jud....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hah Vs. Directorate of Revenue Intelligence" decided on 19.11.2013 (Bail Application No. 1202/2013), this Court granted bail to the accused where the recovery of the same controlled substances was of 100 Kg. This decision referred to had relied upon several other decisions of the Court, where the recovery of much larger quantities of controlled substances have been made. Reliance can also be placed upon the judgment of this Court "Manoj Kumar Vs. Directorate of Revenue Intelligence" 2015 SCC On Line Delhi 7830. 16. As far as the judgment, Union of India Vs. Prateek Shukla (supra) relied upon by the Ld. Sr. Standing Counsel for the respondent (NCB) is concerned, the same is not applicable to the facts of the present case as in the said ca....