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2022 (1) TMI 802
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....riefly stated, the facts of the case are that on 09.02.2018, a secret information was received by ASI Anil Kumar that one person namely Vinay Sharma would come at about 4:30 PM to supply Pseudo Ephedrine to a person near Chanakya Market Bus Stand, Janakpuri, Delhi. On this information, a raid was conducted and one accused namely Vinay Sharma was apprehended and 10 Kg. Pseudo-Ephedrine was recovered from his possession. On the basis of above recovery, the present FIR was registered. During investigation, accused Vinay Sharma was arrested and he was interrogated and he disclosed that he has procured the recovered substance from one Piyush of Jirakpur near Chandigarh. It was also disclosed by the arrested accused that he can take the police to....
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.... told that he didn't know the complete address of Praveen but he can help police in tracing from their meeting points. 4. Four days PC remand of accused Piyush Srivastava was obtained and he was taken to Zirakpur, Punjab and Chandigarh at the address of the alleged source namely Parveen Gupta but Parveen Gupta was not found present there. On this, a notice was served to Mohan Lal Gupta (brother of alleged source Parveen Gupta). Search of the office of the accused situated at Phase-I, Industrial Area, Panchkula, Haryana was also made but nothing incriminating could be recovered from there. One day more PC remand of accused Piyush Srivastva was obtained and on his pointing out 1.5 Kg. Pseudo-ephedrine was recovered on 16.02.2018 from S....
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....gs and narcotics substances. She further submitted that the petitioner is not entitled to parity with other co-accused persons as the co-accused persons who have been released on bail have not been charged under the offence of forgery and cheating. 9. The offences alleged against the 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. 10. The present petitioner is facing prosecution for charges U/s 9A and 25 A of the NDPS Act and hence obviously his 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 co....
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....ic substance under the NDPS Act. The alleged offences are not punishable with death or imprisonment for life. The offence falling U/s 9A r/w section 25A of the NDPS Act is punishable with imprisonment which may extend to 10 years and also fine which may also extend to Rs. 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. 13. The next point for consideration is, whether the petitioner/accused who is a foreign national is entitled to be released on bail, if he is able to make out a case in his favour. The counsel for the petitioner has placed reliance upon "Gudikanti Narasimhulu and Others Vs. Public Prosecutor" 1978 ....
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....argued by the Ld. counsel for the petitioner that in cases, where the controlled substance recovered was even much larger then that recovered from the petitioner/accused even in those cases the bail have been granted and he has placed reliance upon "Niranjan Jayantilal Shah 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 Intel....