Mohamed Yasin Kaja Mohideen v. Superintendent of Customs Prosecution Unit (Air) Chennai
2013-10-29
G.M.AKBAR ALI
body2013
DigiLaw.ai
Judgment : G.M. Akbar Ali, J. 1. The petitioners, who were arrested on 15.10.2012 for the offence punishable under Secs.8(c), r/w 21, 23 and 28 of NDPS Act and u/s 135 of Customs Act of 1962 in R.R.Nos.25 and 26 of 2012 on the file of the respondent police, seek bail. 2. According to the prosecution, both the petitioners were intercepted by the Customs Authorities on 15.10.2012, when they were about to board Malaysian Airlines Flight bound for Kualalumpur. They were found in possession of 975 grams of white Coloured Granules, suspected to be MATHAQUALONE, valued at Rs.97,50,000/-. The contraband was seized and the petitioners were arrested. Later the Chemical Analyst's report revealed that the alleged contraband is KETAMINE HYDRO CHLORIDE. 3. The petitioners were arrested and remanded to judicial custody. According to the prosecution, KETAMINE HYDRO CHLORIDE is a schedule substance under the NDPS Act. Show cause notices were issued to both of them. Earlier bail applications were dismissed on the ground that the contraband is a scheduled drug under the NDPS Act and it attracts Sec.37 of the NDPS act and also on the ground that the quantity is of commercial quantity. 4. The present applications are filed on the ground that the KETAMINE HYDRO CHLORIDE is not a scheduled drug and also not a commercial quantity and the value is only Rs.15,000/-. 5. Reiterating the said ground, the learned counsel for the petitioners submitted that while issuing the show cause notice, the authorities have initially stated that the contraband seized was white colour Granules of 975 grams, suspected to be MATHAQUALONE, valued at Rs.97,50,000/-. However, after chemical analysis, it was found to be KETAMINE HYDRO CHLORIDE, but the value is not fixed by the respondents. 6. The learned counsel pointed out that in a similar circumstances, the High Court of Karnataka at Bangalore, by order dated 24.7.2013 in Crl.O.P.No.938 of 2013, had granted bail in a case where 4.5 kgs of KETAMINE HYDRO CHLORIDE was seized, holding that KETAMINE HYDRO CHLORIDE is not a contraband drug as specified in Schedule I, II and III of NDPS act. 7. The learned counsel also produced an order copy of the High Court of Kerala, in which, by order dated 9.6.2011 in Crl.M.C.No.1661 of 2011, in a similar case, involving 3.025 kgs of KETAMINE, bail was granted. 8.
7. The learned counsel also produced an order copy of the High Court of Kerala, in which, by order dated 9.6.2011 in Crl.M.C.No.1661 of 2011, in a similar case, involving 3.025 kgs of KETAMINE, bail was granted. 8. On the contrary, Mr.N.P.Kumar, learned Special Public Prosecutor for NDPS Cases would submit that the contraband seized is KETAMINE HYDRO CHLORIDE, valued at Rs.9,75,000/- which is a scheduled drug and attracts Sec.37 of NDPS Act. The learned Special Public Prosecutor for NDPS Cases pointed out that Act has been amended to include KETAMINE HYDRO CHLORIDE as a schedule drug and only on that basis the earlier bail petitions were dismissed 9. Heard and perused the materials available on record. 10. The contraband seized is of 975 grams valued at Rs.9,75,000/-. Earlier, KETAMINE HYDRO CHLORIDE was not a scheduled drug. However, as per G.S.R.311(E) dated 10th February, 2011 KETAMINE is a scheduled Psychotropic substance and 500 gm and above are commercial quantity. Only on that reason, the earlier bail applications were dismissed and there is no change of circumstances warranting to take a different view. 11. In the result, both the applications are dismissed.