2018 (5) TMI 2018 - HC - Customs

Smuggling - possession, export and illegal import of Khat Leaves (Catha Edulis) containing Cathinone and Cathine - contraband psychotropic substance - HELD THAT - The applicants cannot be prosecuted for the alleged offence as on the date of commission of the offence, Khat Leaves were not included as a psychotropic substance. Having regard to the stance of the respondent No.2, there should not be any difficulty in allowing this application and quashing the prosecution against the applicants. The proceedings of the Sessions Case pending in the Court of the Principal Sessions Judge, Ahmedabad are hereby quashed - Application disposed off.

Summary

Issues: Application under Section 482 of the Code of Criminal Procedure seeking quashing of proceedings under NDPS Act.

Analysis:
1. Legal Basis: The applicants sought to quash the proceedings of the Sessions Case No.4 of 2017 under Sections 22, 23, 25, 28, 29, and 30 of the NDPS Act, 1985, and Section 120B of the Indian Penal Code through an application under Section 482 of the Code of Criminal Procedure, 1973.

2. Contention: The main argument presented by the applicants was that at the time of the alleged offense, the plant "Khat" was not classified as a narcotic drug or psychotropic substance. It was highlighted that "Khat Leaves" were included in the list of psychotropic substances under the Act only from 27th February 2018, as per Notification No.S.0.821(E) dated 27th February 2018.

3. Prosecution Response: The standing counsel for the respondent No.2 agreed that the applicants could not be prosecuted for the offense since "Khat Leaves" were not considered a psychotropic substance at the time of the alleged offense. This concession from the prosecution led to the conclusion that the prosecution against the applicants should be quashed.

4. Judgment: Considering the legal position and the stance of the prosecution, the High Court allowed the application, quashed the proceedings of the Sessions Case No.4 of 2017, and terminated all consequential proceedings. The court made the rule absolute and permitted direct service. The connected criminal miscellaneous application, if any, was disposed of accordingly in view of the main matter judgment.