JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Grant of bail to the respondent (hereinafter referred to as the accused ) by a learned Single Judge, of the Delhi High Court is questioned by the Customs authorities who had purportedly recovered huge quantity of "Diazepam" - 5 mg." Tablets from her.

Factual background necessary to be noted is as follows :

3. On 4.4.2000 Customs authorities detained the respondent-accused, a Uzbeck national who came to India to do business in garments and was found carrying large quantity of "Diazepam - 5 mg. tablets". In the statement recorded under Section 67 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short `the NDPS Act ) recovery of tablets was admitted by the accused. She was arrested on 5.4.2000. An application for bail was file before the Special Court, NDPS Act which was rejected taking into account of the embargo placed under Section 37 of the Act. The accused-respondent filed an application for bail under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (in short `the Code ). The stand taken essentially was that he tablets seized were not "psychotropic substance" within the definition of the term in th