DEPARTMENT OF CUSTOMS Vs. HEMANT KUMAR

JUDGEMENT

(1.) Present petition has been filed for cancellation of bail granted to the respondent vide order dated 26 th February, 2008 passed by learned Special Judge, NDPS, New Delhi in case titled as 'Custom v. Pankaj Kumar and others'. Learned Special Judge, NDPS, New Delhi while granting bail to the respondent has observed as under:-

(2.) Learned counsel for the petitioner states that as the respondent is alleged to have been found in possession of a controlled substance, Section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') is attracted and the respondent is liable to be punished under Section 25A of the NDPS Act.

(3.) He further submits that rigours of Section 37 of the NDPS Act would be applicable to the present case. In this connection, he has drawn my attention to a judgment of this Court in Rizwan Ahmed v. Directorate of Revenue Intelligence, 2012 LawSuit(Del) 729 wherein a learned Single Judge of this Court has observed as under:-