TaxTMI 
TaxTMI 
1988 (10) TMI 50
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....scoveries. It was revealed that Rajesh was a passenger leaving India for Brussels. He had an air-ticket for a journey between Bombay-Brussels-Bombay. He admitted being in possession of brown sugar. Atul and Pradeep admitted that they had accompanied Rajesh to see him off 'safely'. Rajesh, Atul and Pradeep, along with the baggage of Rajesh, were taken to the office of the Central Excise Department at Piramal Chambers, Lalbaug, Parel, Bombay-400012, duly accompanied by panch-witnesses. There, brown sugar weighing 1110 gms. valued at Rs. 2,20,000/- concealed under cashewnuts in tins was recovered from Rajesh's baggage. In the follow up action, respondent No. 4 (hereinafter referred to as 'Kirti') who is brother of Atul was traced at Glamour Guest House, Kandivli, Bombay. Kirti led the officers to his rented premises in Parwana building at Borivli, Bombay. A search of the said flat resulted into recovery of brown sugar weighing 1450 gms. valued at Rs. 2,90,000/-. The same was seized. Packing materials, weighing machine and electrically operated press for sealing tins etc. were also found in the flat and seized. 3. Rajesh, Atul, Pradeep and Kirti were put under arrest at about 10.30 ....
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....riminal application No. 1917 of 1988, on 26th September, 1988, by a reasoned order, I directed the registry of this Court to issue notices to Rajesh, Pradeep, Atul and Kirti to show cause why the bail orders passed in their favour should not be cancelled. Record and proceedings of the lower court were also called for with a view to examine them. 10. In support of the said notices, Mr. Patwardhan submits that the bail applications on behalf of the four accused persons were opposed by and on behalf of the Central Excise Department pointing out to the learned Magistrate that this is a case of narcotic drugs involving international gang and the department required more time to investigate and further that there were no changed circumstances after the learned Additional Chief Metropolitan Magistrate had remanded the accused persons to custody from 26th August, 1988 to 9th September, 1988 and also that Rajesh was a repeater in the same offence which submissions were not considered by the Chief Metropolitan Magistrate who by his cryptic orders released the accused persons on bail. Mr. Patwardhan further submits that the bail orders passed in favour of the accused persons here were in v....
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....se circumstances exists in this case warranting cancellation of bail of Atul, Pradeep and Kirti. In support of her contentions, Miss Safari relied upon the judgments of the Supreme Court and Guwahati and Sikkim High Courts in the cases of (1) The State through the Delhi Administration v. Sanjay Gandhi (1978 Cri. L.J. 952), (2) Bhagirathsingh Judeja v. State of Gujarat (1984 Cri. L.J.160), (3) Khagendra Nath Bayan and another v. The State of Assam (1982 Cri. L.J.2109) and (4) Sambhunath Bhattacharjee v. State of Sikkim (1980 Cri. L.J.785). 13. Before I embark upon discussing the merits of the matter, let me first narrate the legislative history leading to the passing of the Narcotic Drugs and Psychotropic Substances Act, 1985 which may enlighten us to be more alive to our pious duty of discharging judicial functions to serve and do justice to the people for whom the courts are meant and not look to the individual liberty of a few who are a nuisance to the society. Thus, the statutory control over narcotic drugs was exercised in India through a number of Central and State enactments. The principal Central Acts, namely, the Opium Act 1857, the Opium Act, 1878 and the Dangerous Drug....
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....penalties particularly for trafficking offences, make provisions for exercising effective control over psychotropic substances and make provisions for the implementation of international conventions relating to narcotic drugs and psychotropic substances to which India has been a party, was felt and as a result the present Act was enacted in the year 1985. The only deficiency which I notice in this enactment is the absence of death penalty for an accused person found guilty of some of the offences enumerated in it. 14. Now, on careful consideration of the record and proceedings of the case and the submissions made at the Bar, I am unable to persuade myself to agree with any of the contentions raised on behalf of the accused by Mr. Gupte and Miss Safari. The record shows that these four accused persons have international links in the racket of disposal of narcotic drugs and their nefarious activities of dealing in brown sugar are well-schemed, well-planned and well-designed as a result of deep-rooted conspiracy. They made attempts to smuggle large quantity of brown sugar in polythene bags wrapped in carbon papers and concealed in the cavities between the inner and outer plastic bo....
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....o adequate time for that. Moreover, one should not be oblivious of the menace of drug trafficking. Its disastrous consequences are difficult to be described in words. In a grave offence like this, a Magistrate should think twice before granting bail. One should bear in mind that these offences are of very grave type where the minimum punishment is 10 years with a fine of a lakh of rupees and the maximum may extend to 20 years with a fine of rupees two lakhs and for the special reasons even more than two lakhs. Although the accused persons for this sort of an offence cannot be visited with a penalty of death sentence or imprisonment of life, I am of the opinion that such offences are not less serious than those punishable with death or imprisonment for life. Left to myself, I would recommend the legislature to make provision of death sentence for such offences because in the commission of these offences not murder but mass murders are involved. While dealing with a case of economic offences, the Supreme Court in State of Gujarat v. Mohanlal Jitamalji Porwal and another (1987 Cri. L.J.1061), was pleased to observe : "Ends of justice are not satisfied only when the accused in a cri....