The main legal point established in the judgment is the requirement to consider the weight of the entire substance, including neutral or mixed substances, when determining the quantity of illicit substances. Additionally, the judgment emphasizes the need for valid authorization for exporting controlled substances and the cumulative conditions for granting bail under Section 37 NDPS act.

JUDGMENT

Subramonium Prasad, J. - Vide the instant petition under Section 439 Cr.P.C, the petitioner seeks bail in NCB Case No. VIII/48/DZU/2021 dated 23.8.2021 registered under Sections 8, 22(c) and 23 NDPS act.

2. Brief Facts leading up the present case are given as follows-

i. The Petitioner is the sole Proprietor of M/s Ethical Enterprises, Shop No. 4-5 J-Block Market, Sarita Vihar, New Delhi.

ii. Secret information was received by the NCB, Delhi Zonal Unit that a package containing psychotropic substances was to be dispatched from DHL Express Pvt. Ltd. 71/3, Rama Road, Kirti Nagar, New Delhi. a team got constituted, including constable Shamsher Singh and Driver Virender Ramand, after collecting 10 Kit weighing machine and field-testing kit, they left for the destination. On reaching DHL Express, a carton covered with white colored plastic and sealed with yellow tape of DHL was shown by one ashit Yadav. During inspection of the carton, a copy of invoice, doctor's prescription, slip of medicine and the aadhar Card of the Petitioner herein, who was the sender of the consignment, was found. The package was being sent to Bawai Ling, Room 505, 4th Floor, Tosta Plaza, Laydaung Kam Road, near Jeyx junction, Zawana, Thingangyun, TSP, 11071, Myanmar. Before opening the package, attempt was made to join an independent witness and one Indra Raj agreed to be the independent witness to the search process.

iii. In the presence of independent witness, the carton was opened and two separate bundles of medicines which were wrapped with a rubber band were found in it. One bundle contained 20 strips of 10 tables each of Pexofenadene Hydrochloride Tablets IP, allegra and the second bundle contained 50 strips of 15 tablets each of Tramadol Hydrochloride accetamino- PHL Tab USP, Ultracet were found. It is stated that Tramadol, being a scheduled substance is banned under the NDPS act. accordingly, the package was seized vide Panchnama dated 23.08.2021 in the presence of the independent witness. On the basis of seizure, the instant case was registered.

iv. Notice under Section 67 of the NDPS act was served on the Petitioner and his statement was recorded. He was arrested on 23.08.2021.

v. On 25.8.2021, during investigation, shops of the petitioner, bearing Shop No. 4 & 5 J- Block, Sarita Vihar, New Delhi were searched. Two people - Rajeev Yadav and Mukesh Kumar were requested to join the search proceedings as independent witnesses, which they agreed to join and proceeded towards the shops. It is stated that Mukesh Kumar backed out and did not join as independent witness. It is stated that the shop was closed and Ms. Sangeeta, wife of the petitioner was informed about the search of the shop. She stated that the keys of the shop were kept at her house. The team proceeded towards the house of the Petitioner at No.77, H Block Sarita Vihar to bring the keys to shop with the Petitioner and independent witness Rajiv Yadav. On reaching the shop, it is stated that 3-4 other bystanders were requested to join the search proceedings out of whom one Md. Shazada alam assented to become an independent witness, and the shops got opened in the presence of the Petitioner, his wife Sangeeta and the independent witness. It is stated that Shop No.4's ground floor and basement were used a storage space for medicines whereas Shop No. 5 was the office.

vi. It is stated Shop No. 4 was searched first and some NRx medicines, namely one box containing 10 strips (15 tablets per strip) of Ultracet Tramadol Hydrochloride and acetaminophen (Batch No.N1848, Mfg 06/2021, exp. 01/23 manufactured by Johnson & Johnson)was recovered, for which the Petitioner could not produce any bills in support thereof. On weighing, each strip was found to be weighing 6.5 grams, hence 10 strips of the Ultracet Tramadol medicine weighed 65 grams and were put in a box, wrapped in a pullinda and marked. It is stated further, that two boxes, each containing 10 strips (15 tablets per strip) i.e. 300 tablets of