2015 (11) TMI 141 - HC - Customs

Application for regular bail - Recovery of sever tablets of Coldest Pseudoephedrine powder - Held that - One car, one weapon, eight cartridges and fake bills have also been recovered. During investigation fake bills have been recovered and record has been found forged and fabricated, which means that these tablets made from Pseudoephedrine powder, though under licence, have been misused by the petitioner by showing the sale of it to fake firms. - Keeping in view the heavy recovery from the petitioner and in view of the allegations that fake bills have been prepared and the tablets are shown to have been sold to fake firms, I do not find it a fit case where petitioner is entitled to benefit of grant of bail. - Decided against appellant.

Summary

Issues: Bail application under Section 439 Cr.P.C. for possession of controlled substances and related offenses.

Analysis:
The petitioner filed a bail application under Section 439 Cr.P.C. in a case involving offenses under the NDPS Act and IPC. The petitioner argued that being a license holder, possessing tablets containing Pseudoephedrine powder did not constitute an offense and claimed false implication. The State counsel opposed the petition, highlighting the conditions in the license requiring maintenance of proper records to prevent misuse of controlled substances. The prosecution revealed a significant recovery of tablets and related items from the petitioner, indicating misuse through fake transactions. The court considered arguments from both sides and examined the record.

The court noted the substantial recovery of tablets and related items from the petitioner, along with evidence of fake bills and forged records suggesting misuse of controlled substances. The petitioner cited various judgments, including those from the Supreme Court and other High Courts, regarding bail in similar cases. However, the court found that these judgments did not establish a precedent for granting bail in cases involving commercial quantities of controlled substances. The court emphasized that bail decisions should be based on the specific facts of each case.

Considering the large recovery and allegations of misuse by the petitioner, including the sale of tablets to fake firms, the court concluded that the petitioner was not entitled to bail. The court dismissed the petition, finding no merit in granting bail based on the circumstances of the case.