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TMI Blog2013 (11) TMI 1764X X X X Extracts X X X X X X X X Extracts X X X X ..... ne is not a narcotics drug as envisaged under Section 2 (vii) (a) of the Act. Keeping in view the totality of facts and circumstances of the case, coupled with the fact that the petitioner is in custody since 15th December, 2011, he is admitted to bail on his furnishing personal bond in the sum of ₹ 50,000/- with one surety in the like amount to the satisfaction of the concerned Trial Court. Petitioner shall deposit his passport, if any, with the Trial Court and shall not leave the country without the permission of the concerned Trial Court. He is further directed to furnish his current address to DRI and in case of any change in address, DRI be informed immediately. The application stands disposed of in the above terms. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said substance is also one of the main component for manufacturing cough syrup and it has many other medical uses. Earlier a bail application was moved which was dismissed. The petitioner is in custody since 15th December, 2011, as such, he be released on bail. Reliance was placed on Bail Application No. 216/2005 titled as N.C. Chellathambi v. N.C.B decided on 20th April, 2005, Bail Application No. 2036/2004 titled as Ajay Aggarwal v. Narcotics Control Bureau decided on 20th January, 2005, Criminal Misc No. M.27654/2008 titled as Rajiv Kumar @ Sukha v. The State of Punjab decided on 6th March, 2009, Criminal Application No. 165/2011 titled as Faiyaz Ahmed Rasool Shaikh v. Union of India decided on 5th May, 2011 and Chakrapani Dutt v. State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 37 of NDPS Act. The same is per incuriam. That being so, the said order does not come in the way of the petitioner for getting the relief of bail. 5. As per the prosecution case on 14th December, 2011 official of Directorate of Revenue Intelligence received information that huge quantity of controlled substance would be transported in a Toyota Innova Car bearing registration No. HR-18A0077 which would be coming near Kamal Cinema, Safdarjung Enclave, New Delhi at about 10:30 a.m. on 15th December, 2011. Raiding party was constituted by the officials of respondent wherein public witnesses were also joined. Toyota Innova car was intercepted and 100 kgs. of Pseudoephedrine was recovered from the vehicle which was being driven by the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he NDPS Act on which ground alone the application was dismissed, however, it was submitted that since the SLP has been dismissed, therefore, the petitioner is not entitled for bail. In Department of Customs (supra) relied upon by learned counsel for the petitioner, it was observed that the judgment in Rizwan Ahmad is contrary to the explicit language of Section 37 of NDPS Act and the same is per incuriam. 7. Keeping in view the totality of facts and circumstances of the case, coupled with the fact that the petitioner is in custody since 15th December, 2011, he is admitted to bail on his furnishing personal bond in the sum of ₹ 50,000/- with one surety in the like amount to the satisfaction of the concerned Trial Court. Petitioner s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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