1. The petitioner, who was arrested and remanded to judicial custody on 07.07.2018, for an offence u/s 8(c) r/w Section 21, 23, 28 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act 1985), on the file of the respondent Police seeks bail.

2. Based on the specific information, the Officers of the Directorate of Revenue Intelligence, Chennai stopped a consignment which is covered under Shipping Bill No.5963056 dated 02/07/2018 filed by M/s.AMM Exports and Imports and they seized ESKUF bottles [320 nos] weighing 32,000 ml and Codeine Sulfate tablets [24500 tablets] weighing 2817.50 grams which were attempted to be exported in the guise of ayurvedic medicines along with cover goods which was in contravention of the provisions of the NDPS Act r/w the Customs Act. The seizure was effected on 06.07.2018. The statement of the petitioner was recorded u/s 67 of the NDPS Act before the Intelligence Officer and he is alleged to have admitted that the seized quantity of contraband was meant for export to Malaysia to one Sudakar who is having a shop at Malaysia and that for the last five years, the petitioner had exported around 100 shipments of Ayurvedic and English medicines to Malaysia.

3. Codeine is said to be the derivative of Opium and Codeine Sulphate is a Narcotic drug covered under the provisions of the NDPS Act, and it appears at serial No.28 of the Schedule. It requires proper license/authorisation from the Narcotic Commissioner for export out of India. It is alleged that the petitioner did not possess any valid license for the export. Further, as per Form 20-B issued by Assistant Director of Drugs, no sale of any drug shall be made for the purposes of resale to a person not holding the requisite license to sell, stock or exhibit for sale or distribute the drug. In the instant case, it is alleged that the petitioner did not produce such a certificate from the consignee.

4. As per the notification in S.O.1055(E) dated 19.10.2001, the Narcotic Drug namely Codeine finds a place in Sl.No.28, in which the small quantity has been described as 10 grams and the commercial quantity has been described as 1 kg. In the instant case, the total weight of the Codeine Sulphate tablets was found to be 2817.50 grams and ESKUF Syrup bottles (containing Codeine Phosphate) was found to contain 32000 ml which is 32 kgs. Therefore, on both counts, the contraband was found to be in commercial quantity as per the NDPS Schedule. The manner in which the quantity was arrived has been described in detail at para 6 of the counter filed by the respondent.

5. Mr.B.Kumar, learned Senior counsel appearing on behalf of the petitioner submitted that the possession of the drugs by itself is not an offence under the NDPS Act. The learned Senior counsel submitted that the drugs which were sent through shipment is neither restricted nor prohibited under the NDPS Act. The learned Senior counsel submitted that the petitioner is doing the drugs business from 2011 onwards and he has got a valid license till 2022. The learned Senior counsel submitted that the petitioner never attempted to conceal or not to disclose the nature of medicines that were sought to be exported. The medicines themselves were described in the invoice and also in the bill of lading. The learned Senior counsel further submitted that the Customs authorities in the normal course perused the same and they did not come to any conclusion that there was anything wrong in the consignment that was sought to be exported.

6. The learned Senior counsel brought to the notice of this Court, the definition of international convention which is defined under Section 2(ix). The learned Senior counsel specifically relied upon Clause A in the said definition which deals with the single convention on Narcotic Drugs, 1961. The learned Senior counsel submitted that according to the said convention recognising the medical use of Narcotic Drugs continues to be indispensable for the relief of pain