2013 (7) TMI 925 - HC - Customs

Contraband item - Ketamine Hydrochloride - release on bail - baggage rules - whether the contention that petitioner carried contraband item and is not allowed to be released on bail, justified? - Held that - Ketamine Hydrochloride is not a contraband drug as specified in Schedule I , II and III of NDPS Act. Prima-facie the FSL report establishes that the drug seized from the petitioner is not a banned drug under N DPS Act. It is brought to my notice that the passport of the petitioner is now seized by the respondent - petitioner allowed to be released on bail subject to conditions - petition allowed - decided in favor of petitioner.

Summary

Issues: Bail application under Section 439 Cr.P.C. for offences under Sections 21(c), 23(c) & 28 of the N.D.P.S Act, 1985 based on the seizure of Ketamine Hydrochloride.

Analysis:
The judgment pertains to a bail application under Section 439 Cr.P.C. for offences under Sections 21(c), 23(c) & 28 of the N.D.P.S Act, 1985, involving the seizure of Ketamine Hydrochloride. The petitioner, accused in the case, had filed a bail petition which was dismissed by the Sessions Judge, leading to the appeal before the High Court. The prosecution's case was based on the seizure of 4.5 kgs of Ketamine Hydrochloride from the petitioner's baggage at the International Airport in Bangalore. The drug was subjected to chemical analysis at the Forensic Science Laboratory, Chennai, which confirmed it as Ketamine Hydrochloride. However, the contention arose that Ketamine Hydrochloride may not be a banned drug under the NDPS Act, as specified in Schedule I, II, and III. The High Court noted that prima facie, the FSL report indicated that the drug seized may not fall under the category of banned substances. Additionally, the petitioner's passport was seized by the respondent. In light of these circumstances, the High Court allowed the petition for bail, imposing specific conditions.

The High Court allowed the bail petition and granted bail to the petitioner with certain conditions. The conditions included the petitioner executing a personal bond for Rupees One lakh with two local solvent sureties, ensuring the petitioner's presence before the Sessions Judge on every hearing date, prohibiting the petitioner from tampering with prosecution witnesses, and restricting the petitioner from leaving the jurisdiction of the Sessions Judge in Chennai without prior permission. These conditions aimed to ensure the petitioner's compliance with the legal proceedings and prevent any interference with the case or the witnesses. By granting bail, the High Court balanced the interests of justice with the petitioner's right to liberty, considering the nature of the substance seized and the legal provisions under the NDPS Act.