1. These two applications can be conveniently disposed of by this common order as the applicants in both these applications are accused in one and the same case i.e. NDPS Special Case No.51/13 pending before the Special Court for Narcotics cases at Mumbai, and the contentions raised are also the same.

2. The applicant - Shailesh Kanada (APL 56/14) is the accused No.3 while the applicant – Kailash Rajput (APL 221/14) is the accused No.2 in the said case. By these applications, invoking the inherent powers of this Court, the applicants pray that their prosecution vide the said case be quashed. In the alternative, the applicants pray that the order of cognizance as passed by the learned Judge of the Special Court be quashed and set aside, and that, by quashing and setting aside the order of the dismissal of their application for discharge as done by the learned Judge of the Special Court, the applicants be discharged from the said case.

3. The facts of the case, that it would be necessary to know in order to understand the contentions put forth by the applicants, are, in brief, as follows:

That, the officers of the Customs Air Intelligence Unit (respondent No.1) acting on prior information, intercepted and seized three courier parcels at the Export Hall of the Courier Terminal, Airport Mumbai at about 2.00 Hours on 26/09/2012. The said parcels had been booked by M/s. M.A.Express Logistics by using the License of M/s. Swift Clearing Agency (India) Private Limited destined for London. The said three courier consignments had been packed in three separate cartoons having their respective Air Weigh Bill Numbers Shipper and Consignee. That, the consignments were containing 10 packets each of Foodstuffs, Tea and Detergent in printed item packets. Thus, there were totally 30 packets. On opening out all the said 30 packets, each packet was found to be containing another silver pouch, containing white crystalline substance. The said substance was tested with the Narcotic Detection Kit and it was found to be Methaqualone– a Psychotropic substance. The said substance – said to be Methaqualone– weighed 14.9 kg. It was seized under a panchanama. Three samples of 5 grams each from every consignment were taken, and numbered as SA1, SA2, and SA3; SB1, SB2 and SB3; SC1, SC2 and SC3.

4. The other details with respect to the investigation and arrest of the applicants and the other accused i.e. Accused no.1 Ali Asgar Shirazi and accused No.4 – Sanjay Tamane need not be mentioned here, and a mention of few relevant events and dates would suffice.

5. The applicant Kailash Rajput (Criminal Application No.221/14) was arrested on 23/10/2012. The applicant Shailesh Kanada (Criminal Application No.56/14) was placed under arrest on 21/12/2012. The accused no.1 Ali Asgar Shirazi was placed under arrest on 15/10/2012, while the accused No.4 - Sanjay Tamane was arrested on 23/10/2012. Investigation was carried out. The statements of the witnesses, as also of the accused persons were recorded in the course of investigation.

On 10/04/2013, the complaint vide N.D.P.S. Special Case No.51 of 2013 came to be filed alleging that the applicants and the other accused had committed offences punishable under Section 29 read with Section 8-C and Section 22, and Section 22 read with Section 8-C of the Narcotic Drugs and Psychotropic Substances Act 1985 by acquisition and possession of Methaqualonepowder which was a psychotropic substance. On 12/04/2013, the learned Judge of the Special Court took cognizance of the alleged offences on the basis of the allegation that the seized substance was Methaqualone, though no report from Chemical Analyzer in that regard was available.

6. The contention of the applicants is that their prosecution vide the said case is not in accordance with law. This needs to be understood and examined in the light of the following undisputed facts.

7. The complaint has been filed on the claim that the contraband involved was Methaqualoneand that this was