SANDEEP SANKAR Vs. SUPERINTENDENT OF CUSTOMS

JUDGEMENT

(1.) The petitioner herein seeks orders quashing the proceedings against him in OR No.01/2017/CCP.CHN/NDPS of the Cochin Customs Preventive Unit registered under Sections 22 and 23 read with Section 8(c) of the Narcotic Drugs and Psychotropic Substances Act.(NDPS Act)

(2.) The prosecution case is that on 07.02.2017, the petitioner illicitly imported huge quantity of 180 Kgs of "khat leaves" of African origin to India. The contraband article was seized by an officer of the customs, and the petitioner was arrested on the spot. The petitioner seeks orders on the ground that the "khat leaf" does not come under the definition of Psychotropic Substance or Narcotic Drug under the NDPS Act, and it is nowhere included in the schedule to the NDPS Act.

(3.) I heard both sides in detail on the issue raised by the petitioner as to whether the substance seized from his possession is Psychotropic Substance. Admittedly, it is a quantity of 180 Kgs of khat leaves. The substance was subjected to analysis at the laboratory. On analysis, it was found containing "cathinone" and "cathine". These two are Psychotropic Substances included in the schedule to the NDPS Act. Cathinone is listed as item No.125 in the schedule, and cathine is listed as item No.171 in the schedule. Ofcourse, khat leaves, by that name is not seen listed in the schedule to the NDPS Act. The question for consideration is not how the substance is called, or what is its scientific name or botanical name, but what does it contain. The substance allegedly seized from the hands of the accused was found containing two prohibited Psychotropic Substances listed in the schedule to the NDPS Act. When the entire quantity of 180 Kgs is taken, no doubt, prima facie the Psychotropic content will constitute commercial quantity. Section 2(xxii) of the NDPS Act defines what Psychotropic Substance means. It means any substance, natural or synthetic, or any natural material or any preparation containing anything defined as Psychotropic Substance, and listed in the schedule to the NDPS Act. When cathinone and cathine are Psychotropic Substances listed in the schedule to the NDPS Act, any substance or preparation containing cathine or cathinone will come under the definition of Psychotropic Substance under Section 2(xxii) of the NDPS Act. If so, anybody found possessing any substance containing such Psychotropic Substances will be liable to prosecution under the NDPS Act. The Court cannot take things technically and mechanically quash the prosecution saying that the substance by name "khat leaves" is not included or listed in the schedule to the NDPS Act. I find no merit in the contentions raised by the petitioner, and I find no legal ground or factual ground to quash the prosecution.