RIZWAN AHMED Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) VIDE this petition under section 439 Cr. P.C. the petitioner is seeking bail in complaint case S.C. No. 27A/2010 under section 25A of the N.D.P.S. Act.

(2.) THE allegations of Directorate of Revenue Intelligence (DRI) against the petitioner are that acting on a specific information that a consignment of ketamine was being attempted to be exported to Canada based consignee, concealed in misc. goods by a Delhi based exporter M/s. Rizwan Exports, 58/2, Street No. 6, Rashid Market, Delhi, a raid was conducted on 13.10.2010 in the presence of punch witnesses. During the raid copies of relevant documents reflecting the name of exporting firm, Shipping Bill etc. etc. were collected and based on the information revealed therefrom concerned persons namely Mr. Pradeep Kumar and Narender of firm M/s. Exim Cargo Services., Sh. Sarabjeet Singh of M/s. Speed Cargo and the petitioner, proprietor of the said exporting firm were contacted and asked to appear for the examination of the goods. THEy arrived at the export shed with the copies of export documents of the said consignment. Mr. Rizwan acknowledged the said consignment being exported against Bill No. 1653146, Invoice No. 19, dated 06.10.2010. THE consignment consisted of 263 packets of various sizes containing various pooja items like Agarbatti, Gangajal -Pooja, MDH Methi Masala, Attar, Sari Ladies, Pooja Shawls, Artificial Flowers, Chunari, Cotton Wicks, Chandan powder, Roli, Sindur, Kapoor, Dhoop and Fog of mango wood -pooja etc including 7 packets containing white power/granules suspected to be Ketamine concealed under sarees and old and used clothes. It was revealed that the consignment was being exported to M/s. Madhvi Musical & Pooja Centre INC24, 7955 Torbram Road, Bramton, Ontario, Canada and the total declared cost of the said consignment was Rs.14,84,126/ -. On examination, it was found that seven packets from Serial No. 91 to 96 contained white colour polythene packets containing white power hidden beneath the old and used clothes and sarees. THE packets were separated from the rest of consignment and on opening these packets were found to contain white coloured transparent polythene packets containing white powder to be ?Ketamine? weighing 101.309 kgs. THE samples were drawn as per the procedure and were sent for analysis. THE petitioner gave his voluntary statement on 13.10.2010 and also on 14.10.2010 under section 108 of the Customs Act admitting the recovery and seizure of the said material and other incriminating facts. He also admitted of having sent three other consignments to one Prabha Karan Nair in Canada - one through ICD, TKD, New Delhi and two through ICD, Patparganj, Delhi. He also stated he had been exporting various items to Ontario, Toronto, Canada. He stated that his buyer from Canada on his recent visit to India had also gone to Jalandhar and on returning from there he met and informed him that he had brought a consignment of ?ketamine? from Jalandhar and asked him to export the same through his firm M/s. Rizwan Exports, that he offered him Rs. 1,00,000/ - for exporting ketamine through his firm. That on his request, he arranged to transport seven cartons containing ketamine to his godown situated at 58/2, Street No. 6, Rashid Market, Delhi. He had repacked the said seven cartons containing ketamine in other carton boxes and concealed them under old and used clothes and covered those with new sarees so that the same were not visible to avoid detection. He also stated that he purchased other goods which were to be exported under the shipping bill No. 1653146. He further stated that his buyer prepared the invoice and packing list on his laptop which was forwarded to M/s. Speed Cargo Movers. THE statements of Pradeep Kumar and Sarabjeet Singh were also recorded under section 108 of Customs Act. THEy also materially substantiated the statement of the petitioner. Analysis report dated 7 th December 2010 confirmed the contents seized to be Ephedrine Hydrochloride. Pursuant thereto the proceedings were initiated against the petitioner under NDPS Act on 9 th December 2010.

(3.) PER contra, the contention of learned counsel for the Department is that Ephedrine Hydrochloride was a controlled substance under clause (viid) of section 2 of NDPS Act and that an order was also passed by the Central Government under section 9A of the NDPS Act. It was submitted that the petitioner had violated all the clauses of the said order. It was submitted that the export of Ephedrine Hydrochloride out of India was prohibited as per the said order. Reliance was placed on the case of Ved Prakash Goel Vs. Commissioner, Central Bureau of Narcotics of this court (vide Crl. M(M) 2076/1999 decided on 26.5.2000). It was next submitted that the grant of bail to the petitioner in the instant case was barred as per Section 37(1) (i) of the Act. It was also submitted that the petitioner is involved in another case of similar kind where investigation is at advanced stage.