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2021-TIOL-2336-HC-DEL-NDPS
Atul Aggarwal Vs DRI
NDPS - Drug trafficking by way of concealment in export consignments - Contraband recovered is 151.980 kgs of ketamine - Petitioner seeks regular bail for offences punishable under Sections 9A, 21, 23, 25A of the NDPS Act, 1985.
Held: As per Direction (iii) in the apex court judgement [ Legal Aid Committee - (1994) 6 SCC 731 ] , where an undertrial accused has been charged with offence(s) under the NDPS Act which is punishable with minimum imprisonment of ten years and a minimum fine of rupees one lakh, then such an undertrial is to be released if he has been in jail for not less than five years - In the instant case, the Petitioner has been charged with offences punishable under Sections 9A, 21, 23, 25A of the NDPS Act - With minimum imprisonment of 10 years as stipulated under these offences, an undertrial is to be released if he has been in jail for not less than five years - In the case herein, the Petitioner has been in custody for more than 9 years, therefore, the petitioner is squarely covered by the aforementioned judgment - Court is of the opinion that the instant case is fit for grant of bail subject to conditions to the satisfaction of the Trial Court - Application disposed of: High Court [para 14, 15]
- Application disposed of: DELHI HIGH COURT
2021-TIOL-2335-HC-DEL-CUS
Amit Kumar Gupta Vs Pr.CC
Cus - Section 451 of the Cr.P.C authorizes a criminal court to dispose of the property which is subject to decay - Present petition under Section 482 of the Code of Criminal Procedure is for setting aside the order dated 16.02.2020 passed the Chief Metropolitan Magistrate which directed the disposal of the goods imported by the petitioner which are perishable in nature and kept in the custody of the respondent in accordance with the Disposal Manual 2019 - Question that arises for consideration is whether the procedure adopted by the Respondent as prescribed in the Disposal Manual, 2019 - which is an omnibus rulebook that all agencies and departmental officers of the Central Government which provides for storage, safekeeping, disposal of seized, confiscated, unclaimed and uncleared goods to prevent multiple interpretation from subsequent circulars and notifications which may be conflicting or inconsistent - is correct considering that the Customs Act is a special law and a complete code in its operation; that the adjudicating order was passed by giving option to the Petitioner to redeem the goods after payment of 12.5 lakh; that, therefore, the petitioner has been given the option to redeem the goods after payment of Rs.12.5 lacs and there was no question of disposing the goods under Section 451 Cr.P.C .
Held: Category 1 of the Disposal Manual, 2019 outlines the goods [Dry Dates] that have a short life and, therefore, limited period of usage and the goods imported by the Petitioner fall under this category – A perusal of the disposal manual does not indicate that provision under Section 451 Cr.P.C can be invoked for disposal of the goods confiscated under the Customs Act - Court does not find any reason to differ from the view expressed in M/s PRK Diamonds Pvt. Ltd. [ 2019-TIOL-935-HC-DEL-CUS ] - Therefore, the present petition is allowed and the order dated 16.02.2020 stands quashed and is set aside – Petition is disposed of: High Court [para 21, 22, 23]
- Petition disposed of: DELHI HIGH COURT |
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