T.V. Venkatachalam vs The Senior Intelligence Officer, DRI

K.N. Basha, J.—The Court Made the following order:

The petitioner, who is doing import and export, business in vegetable, fish and fruits has come forward, with, this application for bail on the ground that he has been arrested by the respondent police on 11.01.2006 for the offence under Sections 8C read with Section 21, 23, 25, 28 and 29 of the NDPS Act.

Mr. B. Kumar, learned Senior Counsel appearing for the petitioner submitted that the contraband involved in this case is called as "Khat".

Mr. B. Kumar, learned Senior Counsel put forward several other contentions to the effect that the contraband viz., Khat may not come within the purview of NDPS Act.

Mr. N.P. Kumar, learned Special Public Prosecutor on the other hand also made his submissions to the effect that the contraband "Khat" will come very well within the ambit of NDPS Act. Both the learned Special Public Prosecutor and the learned Senior Counsel placed their reliance in the chemical analysis report and stated on one hand that the contraband Khat may not comes within the purview of the Act and on the other hand it come very well within the purview of the NDPS Act. But the undisputed tact remains that this is the first case in India in respect of the contraband named as Khat.

In view of the rival submissions made by the learned senior Counsel appearing for the petitioner as well as the special public Prosecutor, this Court is of the considered view that, such contention may not be gone into at this stage, since it may affect further investigation and also trial.

Therefore, as stated above, this Court is not gone into the merits and demerits in respect of both the contentions of the petitioner and the complainant regarding the contraband namely Khat.

Further, the fact remains that the petitioner was undergoing incarceration right from 11.01.2006. It is also brought to my notice that investigation has already been substantially over and even the chemical analyst''s report has also been obtained by the respondent police and the name is produced before this Court. This Court is guided by the categories of the contrabands under three heads namely small quantity, small and in between quantity and commercial quantity. There is restricted bar u/s 37 of the NDPS Act for granting bail only in respect of the commercial quantity. The undisputed fact remains that this contraband namely Khat is not specified under any schedule in respect of categorising the contraband under three heads as stated above namely small quantity, small and in between quantity and the commercial quantity.

Further, even in respect of the above said aspect, this Court leaves with point to be agitated before the appropriate forum at the time of trial. But on the other hand, in view of the above said contingencies, this Court is left with the consideration of grant of bail only on the grounds in respect of any other offences under IPC and other Acts. Now in this case, admittedly the petitioner was undergoing incarceration right from 11.01.2006 and the investigation is substantially over and therefore, I am inclined to grant bail to the petitioner on the following conditions.

The petitioner shall execute a bond for a sum of Rs. 25,000/- (Rupees Twenty five Thousand only) together with two sureties each for a like sum to the satisfaction of Special Judge for NDPS Cases, Chennai, and on further condition that the petitioner shall appear before the respondent police, daily at 10.30 a.m. for a week and thereafter, he shall be available for interrogation as and when required.