2021 (6) TMI 1149 - HC - Customs

Seeking grant of Bail - Smuggling - prohibited goods - Bharath Jeera Goli Candy Mukh - prohibited goods or not - service of summons u/s 108 of Customs Act - HELD THAT - Considering the gravity of offence committed by the petitioner and the quantity of contraband seized is very high and bail is prohibited u/s. 37 of NDPS Act this Court is not inclined to grant bail to the petitioner. Accordingly this Criminal Original Petition is dismissed.

Summary

Issues: Bail application under NDPS Act for possession of prohibited substance for export.

The judgment deals with a bail application filed by the petitioners who were arrested and remanded to judicial custody for possession of a prohibited substance under the NDPS Act. The prosecution's case involved the seizure of a parcel containing Bharath Jeera Goli Candy Mukh, which was prohibited for export, and the petitioner's admission to booking the parcel. The defense argued that the substance was not a narcotic drug or psychotropic substance but an ayurvedic medicine, requesting a lab test for analysis. The government advocate opposed bail, emphasizing the quantity of contraband seized and the prohibition under Section 37 of the NDPS Act. The court, considering the gravity of the offense and the quantity of contraband, dismissed the bail application but allowed the petitioner to seek expert opinion through forensic analysis to establish innocence before the Trial Court.

The primary issue addressed in the judgment is the bail application under the NDPS Act for possession of a prohibited substance meant for export. The petitioners sought bail after being arrested and remanded to judicial custody for offenses under various sections of the NDPS Act. The prosecution's case revolved around the seizure of a parcel containing a prohibited substance, Bharath Jeera Goli Candy Mukh, which the petitioner had booked. The defense contended that the substance was an ayurvedic medicine, not a narcotic or psychotropic substance, and requested a lab test for analysis. The government advocate opposed bail, highlighting the nature of the seized contraband and the prohibition under Section 37 of the NDPS Act. The court, considering the seriousness of the offense and the quantity of contraband seized, denied bail to the petitioner. However, the court granted the petitioner the liberty to approach the Trial Court for expert opinion through forensic analysis to prove innocence.