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TMI Blog2012 (9) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... ion that the seized substance is not a controlled substance or that Sections 9A and 25 A are not applicable. In fact, the present petition is supported by an affidavit of an officer of the Customs Department and has been pending in this Court for the last more than four years. However, in the interest of justice, one opportunity is given to the petitioner to amend its petition, if it so desires, subject to payment of costs of Rs.50,000/-. Half the costs shall be paid to the respondent and the other half shall be deposited with the Delhi High Court Legal Services Committee within two weeks. - CRL.M.C. 2110/2008 - - - Dated:- 12-9-2012 - MR. JUSTICE MANMOHAN, J. For Appellant: Mr. Sushil Kaushik, Advocate for counsel for the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igence 2012 LawSuit (Del) 729 wherein a learned Single Judge of this Court has observed as under:- 14. In view of my above discussion, it comes out to be that Ephedrine Hydrochloride though was not a narcotic drug or psychotropic substance, but was a controlled substance and the export of the same was prohibited as per the Order of Central Government made under Section 9 of the NDPS Act. There is apparently violation of all the clauses i.e. (3), (4), (6) of the said Order of 1993. 15. Further, since the offence was apparently seen to have been committed under Section 25A which is punishable with rigorous imprisonment for a term which may extend to 10 years and also with fine which may extend to Rs.1 lac, the petitioner is also not entit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed substance in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein. xxx xxx xxx 25A. Punishment for contravention of orders made under section 9A. If any person contravenes an order made under section 9A, he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees. xxx xxx xxx 37. Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, to say the least, is strange as Special Judge, NDPS, New Delhi had proceeded on the basis that the respondent had been charged with possession of a controlled substance chargeable under Section 9A read with Section 25A of the NDPS Act and there is no averment or ground in the petition that the seized substance is not a controlled substance or that Sections 9A and 25 A are not applicable. In fact, the present petition is supported by an affidavit of an officer of the Customs Department and has been pending in this Court for the last more than four years. 10. However, in the interest of justice, one opportunity is given to the petitioner to amend its petition, if it so desires, subject to payment of costs of Rs.50,000/-. Half the costs s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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