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2018 Supreme(AP) 549

B.SIVA SANKARA RAO
Bobba Venkat Reddy – Appellant
Versus
Senior Intelligence Officer, Directorate of Revenue Intelligence Hyd. – Respondent


Advocates Appeared:
For the Petitioner:M/s. Anil Narsikar & Associates, Advocates

JUDGMENT :

1. "The petitioner is the first accused among the two accused in Crime F. No. DRl/HZU/48B/ENQ-39(INT-29)/2017,(DRI, Hyderabad) of Sanga Reddy District registered for the offences punishable under Section 9A r/w 25 A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, "Act").

2. The petitioner/A1 is in judicial custody since 15-11-2017 for the date of the offence 14-11-2017 from which the crime is registered. The contraband involved is Ephedrine and its salts. It is notified by SO834E dated 26-03-2013 as one of the controlled substances under the Act. So far as the controlled substance concerned, there is no table in the schedule given as to same is possible of ascertainment as to involvement of the small quantity or commercial quantity or in between. Even, in the table defining the small quantity and commercial quantity and in between, the said contraband Ephedrine is not shown.

3. Section 25A of the Act speaks that if any person contravenes an order made under Section 9A, he shall be punishable with Rigorous Imprisonment for a term which may extent to ten years and shall also be liable to fine which may extend to one lakh rupees, provided that the cou



























































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