Bombay HC is faced with a peculiar question that may decide the future of investigations in cases of narcotics and banned drugs seizure.
The Bombay high court is faced with a peculiar question that may decide the future of investigations in cases of narcotics and banned drugs seizure.
Manpreet Bal, 35, an Indian-born Canadian national, had sought the quashing of a complaint against him under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, on the grounds that the Narcotics Control Bureau (NCB) cannot test a seized drug sample twice of its own accord.
Bal and two others were arrested by the NCB on September 20, 2008, for allegedly trying to export 100 kg of ephedrine, a controlled
substance used in the manufacture of various narcotic substances, to Mexico. It is also used as a bronchodilator to treat bronchitis and asthma.
According to the prosecution, the contraband was being sent through Clear Fast air cargo agency stating that the substance being exported was not a banned substance. The NCB, however, collected samples of the substance from the four drums of 25 kg each.
A day later, the NCB's deputy chief chemist submitted a report stating that the substance was not ephedrine. But on October 3, 2008, the NCB sent the samples to the CFSL in Hyderabad that stated in its report on December 4, 2008 that there was a percentage of ephedrine on the contraband samples. Bal was given bail on November 19, 2008.
Bal's counsel argued that there was no provision under which the NCB could have sent the samples for examination to CFSL under the NDPS Act or the rules issued by NCB, Delhi.
He contended that only a court can direct re-examination of samples. Stating that the NCB has got the wrong man, his counsel sought the quashing of the proceedings stating that Bal has not been able to visit his ailing wife and three children in Canada over the last two years.
Additional public prosecutor Poornima Kantharia, however, told the court that the samples were sent to the CFSL before the special court had issued process and there was nothing wrong in that. The court will decide the case on February 4.
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