1 Cri-A-3288-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO.3288 OF 2010 Narcotics Control Bureau through Prakash Antony Intelligence Officer. ...Applicant/Complainant vs. 1. Sanjiv Singh S/o. Pal Singh ..Respondent/accused No.4 2. State of Maharashtra ..Respondent. Ms. Rebecca Gongalvez, Advocate, for the applicant - NCB Ms. Sartaj Shaikh, Advocate for the respondent No.1 Ms. P.P.Shinde, APP, for the respondent No.2 - State. CORAM: J.H.BHATIA,J. DATE : 17th February, 2011. P.C. 1. This application is filed by Narcotics Control Bureau for cancellation of bail granted to the accused/respondent No.1 by the Special Judge by order dated 20.11.2008. According to prosecution, the accused was found exporting a substantial quantity of Ephedrine to Mexico through a company situated in Ludhiana by mis-declaring the consignment and thus he had violated the provisions of Section 9A for which punishment is provided in Section 25A of the NDPS Act. Sections 9A and 25A deal with controlled substances. There is no dispute that Ephedrine is notified as a controlled substance by the Ministry of 2 Cri-A-3288-10.sxw Finance, Department of Revenue, Notification dated 28.12.1999. However, under Section 25A, punishment for this offence is imprisonment for a term which may extend to 10 years with fine. The rigours of NDPS Act applicable to narcotic drugs or psychotropic substances are not applicable to the controlled substance and on that ground only the learned Special Judge had granted the bail. According to prosecution, while on bail, the accused was found in possession of methamphetamine which is psychotropic substance by Jallandhar Police and for which an offence has been registered against him. Admittedly, he is in custody at that place. It is contended that the accused had misused the bail and therefore, the bail needs to be cancelled. The application filed by the Narcotic Control Bureau before the Special Court for cancellation on the above grounds was rejected by the order dated 22.4.2010. Hence, they have filed present application before this Court. After hearing the learned Counsel for the parties, I do not see any reason to interfere in the impugned order. If the accused has committed serious offence of possession of commercial quantity of methamphetamine and if he is already arrested, he will be dealt with as per law. For this purpose, it is not necessary to cancel the bail granted to him in respect of controlled substance. Therefore, the application stands rejected. (J.H.BHATIA,J.)