Dear Forum members,
My acquaintaince (Transporters) have been chargesheeted under Section 21 (C) of the NDPS act as they were unknowingly carrying 4500 bottles of Phensedyl in a rented truck along with several other materials like clothes, shoes, hardware, etc, which were being unloaded outside their godown.
Their anticipatory bail was rejected in the District court before the chargesheet was filed, and post chargesheet anticipatory bail was rejected in High court, Quashing was rejected as well.
A thing of note here is that the anticipatory bail in High Court was rejected on the pretext that the quantity of codeine in 4500 bottles of Phensedyl is around 4.5 litres. However as per the contents on the label, the codeine content in the entire consignment is around 900 grams, bringing it under NDPS 21 B, which wasnt argued in the case during anticipatory bail rejection. We want to file a fresh anticipatory bail application under the changed circumstance of Delhi High Court staying the ban on Phensedyl on 15th March, 2016, and with increased emphasis on reduced quantity of codeine. (Further reference: Union of India Vs Shri Litton Dutta, (NDPS Case 65 of 2013).
Do the forum members think of a substantial ground for grant of bail in this regard?
I need cases wherein the Supreme court or the High court has granted anticipatory bail to petitioners under NDPS Section 20 (B) or (C) or 21 (B) or (C).
Can someone also point me towards exceptionally good advocates dealing in NDPS Cases particularly.
Regards,
Punit
