2024 (2) TMI 1 - HC - Indian Laws

Seizure of contraband item - 180 kgs. of Khat Leaves - offenses under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) - HELD THAT - The Learned Sessions Judge was well justified in dismissing the petition for discharge. It cannot at this stage be said that the accusation is groundless. Having considered the facts and circumstances and having gone through the order passed by the Learned Sessions Judge, there are no reason to interfere. This petition is dismissed.

Summary

Issues involved:
The judgment deals with the prosecution of an accused under Sections 22 and 23 r/w Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) for possession of Khat Leaves containing prohibited substances. The main issue is whether the accused can be discharged from the case based on the legality of the substances found.

Details of the Judgment:

Issue 1: Legality of the substances found in possession:
The accused, facing prosecution under the NDPS Act for possession of Khat Leaves containing prohibited substances, argued that Khat Leaves were not categorized as a psychotropic substance at the time of the incident. The defense claimed that the accused was innocent, as the prohibited substances were only discovered after testing at the Research Institute.

Issue 2: Judicial scrutiny under Section 227 of the Cr.P.C:
The court referred to the principles laid down in various judgments to explain the scrutiny required under Section 227 of the Cr.P.C. The court emphasized the need to consider the broad probabilities of the case, any infirmities, and the evidence produced, without conducting a detailed trial-like inquiry.

Issue 3: Previous dismissal of similar contentions:
It was noted that the accused had previously approached the court with similar contentions, which were dismissed. The court reiterated that the substances found in possession, containing prohibited psychotropic substances, justified the prosecution under the NDPS Act.

In conclusion, the court dismissed the petition filed under Section 482 of the Code of Criminal Procedure, upholding the decision of the Learned Sessions Judge to reject the petitioner's request for discharge. The court found no legal or factual grounds to quash the prosecution, considering the substances found in possession of the accused.