THAMEEM ANSARI Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 27/3/2022 for the offence under Ss. 8(c), 22, 27A r/w Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act, in NCB F.No.48/1/01/2022/MDU, on the file of the respondent police, seek bail.

(2.) The case of the prosecution is that on 18/3/2022, the respondent seized 3.018 Kgs of Ephedrine from DHL Express India Pvt. Ltd., and during the course of investigation it came to the knowledge that the petitioners were involved in the seizure of the alleged contraband. Hence the petitioners were arrested and remanded to judicial custody on 27/3/2022.

(3.) The learned counsel appearing for the petitioners submitted that the alleged seized drug is neither narcotic drug nor psychotropic substances. Therefore, the bar under Sec. 37 of the NDPS Act does not attract in the present case. It is said to be controlled substance and therefore it is not a narcotic drug or psychotropic substance, to attract the offence under Sec. NDPS Act. That apart, the petitioners are arrested and remanded to judicial custody on 27/3/2022 and hence, he prayed to grant bail to the petitioners.