KARAN SHARMA Vs. UNION OF INDIA

JUDGEMENT

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

(2.) Criminal revision petition (No. 962/2017) has assailed the order of charge passed by the trial court dated 25.10.2017 wherein the court was of the view that the petitioner is 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 of the said Act. The prima facie finding returned was that on 15.09.2016 at about 3.00 pm at the departure hall of the IGI airport the petitioner who was intending to depart from Delhi to New York by Air India flight No. A1-101; on search of his checked-in baggage it was found to contain 300 bottles of "Chlorpheniramine Maleate & Codeine Phosphate Cough Linctus", "Phensedyl Cough Linctus 50 ml each" and equivalent to 18,388.50 gms; a preparation of a narcotic drug (codeine) and the petitioner intending to export the said commercial quantity of the drug was found prima facie guilty of the aforenoted offences.

(3.) Bail application (No. 891/2017) seeks a bail qua the petitioner. It is stated that the petitioner is in custody since the date of his arrest i.e., since 14.09.2016. The charge sheet has been filed against him 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. 962/2017. Submission being that the petitioner is at best guilty of having been found to be in possession of an intermediate quantity of the aforenoted drug (codeine) and as such he is entitled for consideration of grant of bail.