2013 (1) TMI 854 - HC - Customs

Summary

Issues Involved:
1. Successive Bail Application u/s 439 of CrPC.
2. Examination of Merits for Default Bail u/s 167(2) of CrPC.
3. Non-Inclusion of Psychotropic Substances in Schedule I of NDPS Rules.
4. Applicability of Section 8 and Section 22 of NDPS Act.
5. Interpretation of Rules 53, 53A, and 66 of NDPS Rules.
6. Evaluation of Public Interest and Risk of Recurrence.

Summary:

1. Successive Bail Application u/s 439 of CrPC:
The applicant filed a successive bail application u/s 439 of CrPC in connection with offenses under various sections of the NDPS Act, 1985, and IPC. The Court noted that the applicant had not previously sought bail u/s 439 before the Sessions Court, and this alone cannot be a ground for dismissal.

2. Examination of Merits for Default Bail u/s 167(2) of CrPC:
The applicant's previous application for default bail u/s 167(2) of CrPC was rejected. This is the first time the case is being examined on its merits. The Court clarified that this does not constitute a successive bail application in the strict sense.

3. Non-Inclusion of Psychotropic Substances in Schedule I of NDPS Rules:
The applicant contended that the psychotropic substances seized (Methamphetamine, Alprazolam, Ketamine Hydrochloride) are not listed in Schedule I of the NDPS Rules, 1985, and thus, the act should not be considered an offense under Section 8 of the NDPS Act. The Court examined various precedents, including decisions from the Bombay High Court and the Supreme Court, which discussed the implications of substances not listed in Schedule I.

4. Applicability of Section 8 and Section 22 of NDPS Act:
The Court emphasized that Section 8 of the NDPS Act prohibits the production, manufacture, possession, sale, purchase, transport, and use of narcotic drugs and psychotropic substances except for medical or scientific purposes. Section 22 prescribes punishments for contraventions involving psychotropic substances. The Court noted that the applicant did not possess any valid license or authorization for the substances seized.

5. Interpretation of Rules 53, 53A, and 66 of NDPS Rules:
The Court discussed Rule 53, which prohibits the import and export of substances listed in Schedule I of the NDPS Rules, and Rule 53A, which restricts the export of substances listed in Schedule II to specified countries. The Court found that the applicant's actions violated these rules, as the substances were not authorized for export. Rule 66 prohibits possession of psychotropic substances without proper authorization, which the applicant lacked.

6. Evaluation of Public Interest and Risk of Recurrence:
The Court considered the public interest, the large quantity of psychotropic substances seized, and the applicant's past involvement in similar offenses. The Court concluded that granting bail would likely lead to recurrence and send a wrong signal to society. The application for bail was dismissed, emphasizing the need to uphold the objectives of the NDPS Act.