NARCOTICS CONTROL BUREAU Vs. NAFE SINGH

JUDGEMENT

(1.) These two petitions have been filed by the petitioner Narcotics Control Bureau for cancellation of the bail of the respondents who were booked by the petitioner under Section 22, 23, 24 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act). The learned Special Judge, NDPS passed a detailed order in respect of the bail of Diwakar Gupta and Amit Kohli thereafter when the application of Nafe Singh and Rajesh Sharma came, he relied upon his earlier order of Diwakar Gupta and granted bail to Nafe Singh and Rajesh Sharma also. Thus, the accused persons were granted bail vide orders dated December, 2008 and January, 2009.

(2.) As per allegations the accused persons were found in possession of tablets - Diazapam, Lorazepam, Alprazolam, Clonazepan & Phenobarbitone. The report of CSFL had shown that presence of hyrdrocodone and buprenorphine could not be detected. The learned Special Judge observed that remaining four tablets came under category of Schedule `H' Drugs under the Drugs and Cosmetics Act and the list appended to NDPS Act but were not included in Schedule I of NDPS Rules. Therefore, general prohibition contained under Rule 64 of NDPS Rules would not apply. That being the case sale, manufacture and possession of drug was not prohibited and learned Special Judge relied upon Rajinder Gupta v. NCT of Delhi (2005) 3 JCC 233. He observed that accused persons had no criminal antecedents and they were in judicial custody for about 07 months so he allowed bail to the above respondents.

(3.) It is argued by the Counsel for the NCB that an appeal against Rajinder Gupta case (supra) was pending before the Supreme Court and judgment in Rajinder Gupta case had not attained finality and therefore reliance should not have been placed by the trial Court on this judgment. He submitted that drugs recovered from the respondents were covered under the NDPS Act and since recovery was of large number of tablets the appeal should have been rejected.