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TMI Blog2015 (10) TMI 2028X X X X Extracts X X X X X X X X Extracts X X X X ..... he time of seizure; no prima facie material given in support of same – Petition allowed thus bail granted conditionally on execution of bond and such other terms – Decided in favour of Petitioner. - Criminal Petition No. 6333 of 2013 - - - Dated:- 17-3-2014 - Budihal R.B., J. Shri Harish A. Charvaka, Advocate, for the Petitioner. Shri P.S. Dinesh Kumar, Senior Standing Counsel, for the Respondent. ORDER This petition is filed by the petitioner-accused No. 1 under Section 439 of Cr. P.C. read with Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 seeking her release on bail of the offences punishable under Sections 22(c), 23(c) and 28 of the said Act. 2. Brief facts of the case are that on 3-8-2012, at about 22.30 hours, the immigration officers at Bangalore International Airport, Devanahalli, Bangalore informed that one lady passenger Smt. Radha Velu, the petitioner herein was a frequent traveller and had suspicious behaviour. The Customs Officer of the Air Intelligence Unit at Bangalore International Airport intercepted the passenger namely Smt. Radha Velu who was bound for Kaula Lumpur by Malaysian Airlines Flight No. MH193 of 4-8-2012 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Superintendent of customs on the reasonable belief that the said white crystalline powder appeared to be KETAMINE arrested the petitioner and produced before the Special Court for the NDPS Offences and remanded to Judicial Custody. On the basis of the said complaint, the case was registered by the respondent police against the petitioner-accused No. 1. 5. The prosecution opposed the petition by filing objection statement wherein, it is stated that the prosecution has made out prima facie case about the involvement of the petitioner in the commission of the alleged offence. The prosecution further opposed grant of bail to the petitioner. 6. I have heard the learned Counsel appearing for the petitioner-accused No. 1 and the learned Special Public Prosecutor for the respondent-State. 7. Learned Counsel for the petitioner, during the course of the arguments, submitted that the material said to have been seized comes under the drugs and cosmetics and it is not a contraband article. It will not come under the schedule I of the NDPS Rules, 1985. It is submitted that the Central Government issued a notification through Ministry of Health and Family Welfare dated 16-3-2006 and cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son that the Katamine Hydrochloride comes under the drugs category and it is not a contraband article. Hence, the learned Sr. Standing Counsel submitted that this itself goes to show the involvement of the present petitioner in the commission of the alleged offence. He submitted that Katamine Hydrochloride comes under the contraband article at Sl. No. 110A in Schedule-H appended to NDPS Act. He also submitted that the airport authorities in the presence of panch witnesses conducted seizure mahazar and seized the contraband article Katamine Hydrochloride. The said seizure it goes to show that the petitioner possessed the contraband article. He also submitted that in view of the laboratory test, the Katamine Hydrochloride comes under the prohibited article. It is submitted that before grant of bail, the Court is to be satisfied that during the period of bail, the petitioner is not going to commit any other offence. He further submitted that on earlier two occasions also, the petitioner admitted that she had been to Kaula Lampur. This itself goes to show that the petitioner is involved in the transportation of prohibited articles. Since the offence alleged is a serious offence, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfession is hit by bar under S. 25, Evidence Act, and therefore, not admissible - Conviction, held, thus not proper and reversed - Evidence Act, 1872 - S. 25 - Bar under - If available regarding confession made before Customs Officer under S. 108, Customs Act - Determination of - Customs Act, 1962, S. 108. 12. Therefore, looking to the principle enunciated in the said decision, the confessional statement said to have been given by the petitioner cannot be relied upon at this stage and ultimately, it is for the trial Court during trial to take a decision about the same. As it is rightly submitted by the learned Counsel for the petitioner that even the percentage of drugs is also not mentioned in respect of the alleged contraband article, perusing the mahazar said to have been drawn by the Airport Authority, it is no doubt true that as per the case of the prosecution after the petitioner checked in baggage-back pack, the same was scanned and taken to the custody of the Airport authorities. But it is the case of the prosecution that subsequently and when it was suspected that the back pack checked in baggage was offloaded by the airport authorities, it was opened in the presence o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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