9911796707
|
Home
Issues:
Application for bail in N.D.P.S. Special Case, Interpretation of NDPS Act provisions, Association of applicant with drug marketing firm, Possession and transportation of seized drugs, Relevance of Importer and Exporter Code, Prohibition under NDPS Act and Rules, Definition of Psychotropic Substance, Grant of bail based on statutory interpretation. Analysis: The judgment pertains to an application for bail by the third accused in an N.D.P.S. Special Case. The prosecution's case involves the arrest of two Nigerian nationals at an airport with a large quantity of Fortwin Injections. The accused is alleged to have sold them a portion of the seized drugs. The defense argues that the accused's association with a licensed drug marketing firm exempts him from NDPS Act violations. The defense highlights the Importer and Exporter Code held by the firm and the absence of specific allegations under relevant NDPS Act sections. The defense contends that the accused's actions are not prohibited under the Act. The prosecution, however, asserts the accused's involvement as an associate of the firm and his role in the drug transactions. The trial judge denied bail based on the accused's actions falling under NDPS Act offenses. The High Court judge, after reviewing the arguments, finds that the accused's situation mirrors a previous case where the accused's association with a licensed drug firm was a crucial factor. The judge emphasizes the accused's authorized signatory status with the firm and the legal operations conducted by the firm. The judge examines the provisions of the NDPS Act and rules regarding psychotropic substances, noting the absence of the seized drug in the prohibited list. The defense's argument that the accused's actions do not contravene the Act's prohibitions forms the basis for granting bail. The judge emphasizes that the Act's restrictions must align with individual operations and the specific substance involved for bail considerations. In the final order, the High Court grants bail to the accused, setting conditions such as a bail amount, attendance at specified offices, surrender of passport, and cooperation with investigative authorities. The court modifies a reporting requirement to align with the accused's residence location. The judgment underscores the importance of statutory interpretation in determining the applicability of NDPS Act provisions to specific cases and the need for aligning individual actions with the Act's prohibitions for bail decisions.
|
