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2013 DIGILAW 1387 (RAJ)

Islam v. Narcotic Control Bureau Thro’ Standing Counsel

2013-08-01

MAHESH CHANDRA SHARMA

body2013
JUDGMENT 1. - This bail application has been filed under Section 439 Cr.P.C. against the order dated 14.5..2013 whereby the Special Judge, N.D.P.S. Cases, Jaipur rejected the bail application of the accused petitioner for the offence under Section 9-A/25-A of the N.D.P.S. Act. 2. Brief facts of the case are that on 16.3.2013, weighing 11.400 kg. Controlled Substance (Acetic Anhydride) was alleged to have been recovered from the house of the petitioner by the Intelligence Officer Satish Kumar of N.D.P.S. Department and after due investigation on 13.5.2013 criminal complaint was submitted in the Special Court of N.D.P.S. cases, Jaipur. Aggrieved from the detention a bail application was filed by the accused petitioner before the Special Judge, N.D.P.S. Cases, Jaipur but the same was rejected by the order dated 14.5.2013. Against the said order this bail application has been filed. 3. Mr. Abdul Kalam Khan, learned counsel for the accused petitioner has contended that the accused petitioner is absolutely innocent and in fact nothing was recovered from his possession and only in order to improve their career the Intelligence Officer has,implicated the accused petitioner in the instant matter by showing fake recovery from him. The learned counsel has contended that the statements of four witnesses have been recorded and prima facie no case is made out against the accused petitioner. The accused petitioner is in judicial custody since 13.5.2013, hence it was prayed that the accused petitioner may be released on bail. 4. On the other hand, the learned Special Public Prosecutor has opposed the arguments and has shown the Notification dated 24.3.1993 issued by the Ministry of Finance, Department of Revenue Government of India. The relevant portion of the Notification is reproduced hereunder for ready reference: "S.O.198(E). Whereas, the Central Government is satisfied on the basis of available information as to the possible use of Acetic Anhydride in the production or manufacture of Heroin and Methaqualone, and also to implement the provisions of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substance, 1988. Now, therefore, the Central Government in exercise of the powers conferred by sub-clause (viia) of Section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) hereby declares Acetic Anhydride as a controlled substance for the purposes of said sub-clause." 5. Now, therefore, the Central Government in exercise of the powers conferred by sub-clause (viia) of Section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) hereby declares Acetic Anhydride as a controlled substance for the purposes of said sub-clause." 5. The learned counsel has further contended that the Acetic Anhydride has been declared as a controlled substance as it is being used for production or manufacture of Heroin and Methaqualone. The learned counsel has further contended that during the course of investigation the N.D.P.S. officials recovered Acetic Anhydride weighing 11.400 kg. from the possession of the accused petitioner and hence prima facie case under Sections 9-A and 25-A of the N.D.P.S. Act is found to be made out against the accused petitioner and hence, it was prayed that the accused petitioner is not entitled to be released under Section 439 Cr.P.C. 6. I have heard the learned counsel for the petitioner and the learned Special Public Prosecutor for the N.D.P.S. Department. Another similar case is also pending against the accused petitioner at Saket Delhi. Looking to the facts and circumstances of the case and the recovery of 11.400 kg. Controlled Substance (Acetic Anhydride) from the accused petitioner, I do not think it proper to release the accused petitioner on bail at this stage. The bail application stands rejected. However, the trial Court is directed to conclude the trial as early as possible.Bail application rejected. *******