The judgment established that the import and export of contraband substances listed in the NDPS Act fall within the ambit of illegal substances triable under the Act, and such activities are not entitled to bail under Section 167 of Cr. P.C.

1. The petitioners have preferred these two petitions under sections 397/401 read with section 482 of the Code of Criminal Procedure, 1973 (hereafter referred to as Cr. PC.) against orders dated 20.07.2013 and 24.07.2013 both passed by the learned Additional Sessions Judge–Special Judge, NDPS, Saket Court Complex, New Delhi whereby all the respondents were granted bail under Section 167 of Cr. P.C.

2. Since both these petitions have arisen out of a common case, these petitions are taken up together for disposal.

3. A concise outline of the facts of the case are that the officers of Directorate of Revenue Intelligence (hereafter DRI), had intercepted one Mahindra Champion luggage carrier three wheeler, having registration No. DL ILN 7074 on Shankar Road, Near Ram Manohar Lohia Hospital, New Delhi on 15.04.2013 at about 9:40 pm. The above vehicle was being driven by one Bablu Ram and one Anil Kumar, was sitting on the seat adjacent to the driver. On search of the vehicle, 11 white colour HDPE packets/bags were found, which contained white colour crystalline substance. Thereafter DRI officers conducted a test with a field kit on the said substance and it tested positive for the presence of Methaqualone. The total weight of the above substance was found to be 272.800 Kgs.

4. During interrogation it was revealed that Bablu Ram was only a driver and he was not aware of the contents of the above consignment. He was subsequently let off by the DRI officers. However, the above co-accused Anil Kumar admitted the knowledge regarding the nature of the above substance. In a statement he disclosed that the above packets were handed over to him by one Parmanand, who is actually the co-accused i.e. Manu Khosla. He further identified the co-accused Manu Khosla who was already summoned by the DRI officers.

5. Subsequently, a raid was conducted at the residential as well as business premises of both the accused. Nothing incriminating was found at the residence of Anil Kumar. Whereas, a further 33.450 Kg of similar substance was recovered from the residence of Manu Khosla. Based on a recorded statement of the accused Manu Khosla, under section 67 of the NDPS act, a further recovery of 951.350 Kg of the similar substance was effected from a white colour Toyota Fortuner bearing registration No. DL 13CA 1800, parked in a locked condition outside his residence. This car was owned by the company of respondent No. 2, Amit Kumar Singh, and his wife Smt. Nupur Singh. Therefore, in totality 1257.600 Kgs (approximate net weight) of the above mentioned substance was recovered in the raids conducted during a period from 15.04.2013 to 17.04.2013.

6. Counsel for the petitioner submitted that in their respective voluntary statements tendered under Section 67 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’), the respondents and co-accused Anil Kumar admitted incriminating facts and their involvement in the illicit traffic of psychotropic substances. He further submitted that respondents and co-accussed Anil Kumar in their respective statements have further admitted that the seized contraband was to be exported to the United Kingdom. He also submitted that Respondent No. 2, in his voluntary statement dated 02.05.2013 tendered under section 67 of the NDPS Act, 1985, further, interalia stated that he had got the psychotropic substance from Mumbai. He further submitted that Respondent No. 2 had made properties from his earnings in illegal business of psychotropic substances which were either in his own name or in the name of his wife Ms. Nupur Singh.

7. Learned counsel for the petitioner further submitted that out the 1257.600 Kgs of contraband substance, 1043.600 Kgs was found to be Ketamine Hydrochloride, a psychotropic substance, listed at SI. No. 110A read with SI. No. 111 in the list of Psychotropic Substance under the schedule to the NDPS Act, 1985 as per the report of the Central Revenues Control Laboratory