2017 (12) TMI 982

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..... y controlled substance specified in Schedule C without obtaining No Objection Certificate from the Narcotics Commissioner. Therefore, no interim relief can be granted as far as the prayer clauses (c2) and (c4) are concerned. The effect of grant of prayer clause (c5) will be that this Court has accepted that the provisions of the said Order of 2013 are not applicable to the third category of goods. .....

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..... 2017. We grant leave to amend the petition for incorporating a challenge to the said orders. Amendment to be carried out within a period of one week from the date the said order is uploaded. It will be open for the petitioner to seek appropriate interim relief as regards these two orders. 2. In the additional affidavit of Shri Rahul Kumar Yadava dated 27th November, 2017, in paragraph 8, follow .....

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..... g any condition. For release of another category of goods, conditions have been imposed in orders of provisional release. As regards the remaining goods, the question is whether the same are covered by Schedule C of Narcotics Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 (for short the said Order of 2013 ). The contention of the petitioner appears to be that .....

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..... ction Certificate is that the second respondent be directed to forthwith issue a clarification that No Objection Certificate is not required for past imports or in the alternative direct the respondent no.2 to forthwith issue No Objection Certificate for all such imports. As regards this prayer, no relief can be granted unless there is a final adjudication on the question whether the third categor .....

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..... to be considered after amendment is carried out. 8. In the meanwhile, if an order of provisional release is passed by the first respondent as stated in paragraph 8 of the additional affidavit dated 27th November, 2017 and if the petitioner is aggrieved by the said order, it will be open for the petitioner to carry out amendment for incorporating a challenge to the said order. 9. Amendment as .....

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