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This revision challenges the order of learned Special Judge, Additional Special Court under NDPS Act, Chennai, passed in Cr.M.P.No.1588 of 2008 in C.C.No.55 of 2006 on 04.03.2009.

2. The prosecution case is that the petitioner, who is the proprietor of M/s.Sarnaya Food Exporters, attempted to export 57.300 kgs. of twigs/stems concealed in carton boxes to Canada by falsely representing that they were vegetables. Suspecting that the goods which were sought to be exported were not vegetables, the respondent seized the goods and sent the same for chemical analysis. The chemical analyst identified the goods as 'Khat' containing Cathine, also known as (+)Pseudunorephedrine. A case was registered in F.No.VIII/48/1/ 2006/DRI on the file of the respondent for offences under sections 8(c) r/w 22, 23, 25, 28 and 29 of NDPS Act and 135(1)(c) r/w Sections 11 and 113 of the Customs Act against the petitioner herein. The same was taken on file in C.C.No.55 of 2006 on the file of learned Special Judge, Additional Special Court under NDPS Act, Chennai. In such case, petitioner has filed Cr.M.P.No.1588 of 2008 seeking discharge and the same was dismissed. Hence, this revision.