New Delhi, December 13, 2013 : .The Supreme Court observed Monday that herbal/medical substances meant to increase male power do not fall under the purview of the Narcotic Drugs and Psychotropic Substances Act (NDPS).Bharat Chaudhry was granted bail by a bench headed by Chief Justice N.V.Ramana, and consisting of Justices Surya Kant, and Hima Kohli.The lower court granted him bail.
It noted that the test results of the material seized were still pending and that it wasn’t clear whether or not the tablets, which were, as the accused claimed, sexual enhancement pills, could be classified either as a psychotropic substance or a narcotic.
The Madras High Court, however, on November 2, 2020, revoked the bail granted.
It stated that the test results did not completely negate that the contraband goods seized were not narcotic drugs.
Chaudhry challenged this order at the highest court.
According to the top court, “A lot of tablets seized by DRI admit that they contain medicines/herbs intended to increase male power and do not fall under the NDPS Act.”
A Chief Justice-led bench stated that there was no clarity in the quantitative analysis of the samples and that prosecution could not be heard at the preliminary stage to say that petitioner had been found in possession of commercial quantities psychotropic substances, as per the NDPS Act.
It noted that “Most importantly, no tablets were taken by the prosecution in the course of the investigation conducted at Jaipur’s office or residence of A-4 Chaudhry on 16 March 2020.”
The prosecution stated that the reliance upon printouts of WhatsApp messaging from the phone as well as devices taken from his office cannot be considered sufficient to establish a direct link between the two of them.However, the scientific reports regarding the devices are still being awaiting their findings.
“In the absence of any psychotropic substance found in the conscious possession of A-4, we are of the opinion that mere reliance on the statement made by A-1 to A-3 under Section 67 of the NDPS Act is too tenuous a ground to sustain the impugned order dated 15th July, 2021,” the bench said.
Citing that “quantitative analysis of the samples could not be carried out for want of facilities”, the top court said order cancelling bail to Chaudhary is not sustainable.
It also granted bail to another accused Raja Chandrasekharan, saying since the charge sheet has already been filed and he has remained in custody for over a period of two years.”It is deemed appropriate to release him on bail, subject to the satisfaction of the trial court,” added the bench.
Directorate of Revenue Intelligence, Chennai Zonal Unit, had seized about 1,37,665 tablets of different types collectively weighing 90 kg (approx.
) described as psychotropic substances from four locations, all situated in Chennai.
Two accused made a statement that they had colluded with suppliers in Nagpur and Rajasthan and procured tablets composed of psychotropic substances for exporting and sending through courier service to customers in the US under the guise of herbal tablets, on orders received from Chaudhary.
Officers of DRI, Jaipur Unit conducted a search at his residence at Jaipur on March 16, 2020 and seized some incriminating material.He was arrested on March 17.
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