MOHD PARVEJ &ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of the aforenoted petitions.

(2.) Criminal revision petition (No. 963/2017) has assailed the order of charge passed by the trial court dated 15.09.2017 wherein the court was of the view that the petitioners are prima facie guilty of an offence under Section 21(C) of the NDPS Act, 1985 as also under Section 23(C) read with Section 28 and Section 29 of the said Act. The prima facie finding returned was that on 05.09.2016 at about 00 pm at the departure hall of the IGI airport the petitioners were intending to depart from Delhi to Dammam by flight No. GF-131; on search of their checked-in baggages it was found to contain 225, 200, 225 bottles total 650 bottles of Chlorpheniramine Maleate & Codeine Phosphate "Phensedyl Cough Linctus 100 ml each" respectively and equivalent to 79.417 kg; a preparation of a narcotic drug (codeine) and the petitioners intending to export the said commercial quantity of the drug were found prima facie guilty of the aforenoted offences.

(3.) Bail applications (Nos. 2140/2017 & 2149/2017) seek bail qua 2 petitioner i.e., Mohd. Irshad Khan and Mohd. Parvej. It is stated that the petitioners are in custody since the date of their arrest i.e. since 05.09.2016. The charge sheet had been filed against them and the charges under the aforenoted sections (noted supra) have been levelled against him vide the order now impugned in the criminal revision petition No. 963/2017. Submission being that the petitioners are at best guilty of having been found to be in possession of an intermediate quantity of the aforenoted drug (codeine) and as such they are entitled for consideration of grant of bail.