NAFE SINGH Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) This petition under Sec. 482 of the Cr.P.C. seeks to assail impugned orders dtd. 10/5/2011 and 26/7/2011 passed by Ld. Special Judge (NDPS), Patiala House, New Delhi, in Sessions case No. 129/8/08, whereby, the learned Special Judge has rejected the submissions of the petitioners for their discharge and proceeded to frame charges against them under Ss. 22/23 read with Ss. 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act).

(2.) The facts of the case are that on 5/5/2008, on receiving information by Narcotics Central Bureau (NCB) to the effect that a group of persons are involved in the illicit smuggling of prescription drugs, listed under the Schedule of the NDPS Act, search authorization under Sec. 41(2) of the NDPS Act was issued. At around 4:20 PM, a team of respondent/NCB started its operation and at 4:30 PM, NCB intercepted two persons, namely, Rajesh Sharma and Nafe Singh at Indraprasth Post Office, New Delhi. A bag was seized containing therein, 100 envelopes where 10,260 tablets of 'Diazepam', 'Alprazolam' and 'Phenobarbitone' (Phenobarbital) were found. Upon disclosure, during the investigation, the identity of other accused persons was ascertained and raids were conducted at the office and residence of other co-accused, where contraband was seized. All the accused were detained, except one, namely, Ashish Kumar, who is reportedly untraceable. On 6/5/2008, voluntary statements of all accused persons were recorded under Sec. 67 of the NDPS Act. The petitioners were produced before the learned Special Judge (NDPS) and were sent to judicial custody. Samples of seized tablets were sent to Central Forensic Science Laboratory, Hyderabad (CFSL). No adulteration or misbranding was found. On 1/11/2008, respondent/NCB preferred a complaint before the Spe Judge against the petitioners for offences punishable under Sec. 21/22/23/24/27A and 29 of the NDPS Act. The petitioners were granted bail vide order dtd. 24/12/2008 and 7/1/2009. Between 25/2/2009 to 13/3/2009, three different detention orders were passed against the petitioners under Sec. 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as PITNDPS). Writ petitions were preferred by the petitioners against the orders of detention.

(3.) On 6/5/2009, the Division Bench of this court allowed writ petitions being W.P.(CRL) No.326/2009 and W.P.(CRL) No.384/2009, setting aside the orders of detention, holding that export of drugs listed in the Schedule of NDPS Act is neither prohibited nor punishable under the NDPS Act or Rules. This court held that the prohibition only extends to the Psychotropic Substances mentioned in Schedule- I to the NDPS Rules and not to all Psychotropic Substances mentioned in the Schedule to the NDPS Act. The other writ petitions were also allowed on the same line. The SLP preferred by the NCB against the orders passed by the Division Bench of this court bearing SLP (CRL.) Nos. 18197-98/09, was dismissed at the admission stage. On 29/9/2010, the petitions for cancellation of bail of the petitioners at the instance of NCB were also dismissed by the learned Special Judge (NDPS).