- (1.) Heard Sri Dileep Kumar assisted by Sri Romeshwari Prasad, learned counsel for applicant and Sri Sanjay Kumar Singh, learned counsel appearing for N.C.B.
(2.) That on 15.3.2013 on basis of a complainant/information a consignment of seventeen parcels bearing invoice no. 13869376 dated 12.3.2013 which were lying at the North Eastern Carrying Corporation Ltd. (hereinafter referred to as NECC) godown at Sahibabad which were suspected to contain drugs were checked by the Officers of Narcotics Control Bureau (hereinafter referred to as N.C.B.) and total of 275 kilograms PSEUDOEPHEDRINE, a controlled substance under the N.D.P.S. Act was recovered from sixteen parcels and no contraband was recovered from the seventeenth parcel. The said consignment was destined to M/s Khalan Than Collection, Aizwal, Mizoram, containing footwear and other goods. On the complaint by the NECC employee, the NCB/DZU team, in the presence of two employees of NECC namely Mr. Satish Kumar and Mr. Azamuddin checked all the seventeen cartoons and in sixteen cartoon white colour tablets were found, which on testing with the help of field testing kit gave positive test for PSEUDOEPHEDRINE and in the seventeenth cartoon no such contraband was found. Thereafter, the NCB/DZU team took out some tablets for chemical analysis report and sealed the remaining parcels. It is further alleged in the complainant that on 1.4.2013 at about 10:45A.M. NCB/DZU received a telephonic call from the employee of NECC stating that one lady came to the office of the NECC and was inquiring about the above mentioned parcels and the employee of NECC further informed the department that the lady will come again to the office at about 1130 Hrs. to 1230 Hrs. on receiving this information, the team of NCB/DZU reached the godown of NECC and waited for the said lady. At about 1200 hrs. both the accused applicants again came to the office of NECC, where the accused applicants were hauled up by the NCB team.
(3.) It was argued by the learned counsel for applicant that the applicant no.1 is a refugee/widow lady, who belonged to Mizoram and is living in Delhi and earning her livelihood. He submitted that as per Section 9-A of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as NDPS Act) no categorization of small or commercial quantity has been provided. Moreover, in view of provision under Section 25-A of the said Act no minimum or maximum sentence has been given. He further pointed out that the mandatory provision of Section 50 of the N.D.P.S. Act has not been complied with, hence the recovery made of the said controlled substance is bad in the eye of law. It was argued that the statement of the accused/applicants, which has been recorded by the N.C.B. under Section 67 of the Act was not voluntarily one and it was given under undue influence and pressure, hence the same cannot be relied upon and the applicants are entitled to be released on bail. The applicants are in jail since 2.4.2013.;