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2015 (11) TMI 310 - SCH - CustomsRelease on bail - Offences punishable under Sections 22(c), 23(c) and 28 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner contended that article seized is not contraband and she is not involved in any other criminal cases nor have any criminal antecedents - FSL report did not mention the percentage of drugs in article – Bail shall be granted conditionally – Respondent contended that they made out prima facie case about the accused’s involvement in offence and she have been carrying KETAMINE in her back-pack in a concealed manner - Court should be satisfied that during bail, the petitioner is not going to commit any other offence. - Supreme Court after hearing the parties dismissed the petition held that foundation of the bail order shall not influence the learned trial judge during the trial - Tribunal in the impugned order [2015 (10) TMI 2028 - KARNATAKA HIGH COURT] held that Contraband article is mentioned at Sl. No. 110A of Schedule-H to the NDPS Act thus not prohibited – Some minute details such as it is not mentioned that when the back pack checked was offloaded and brought to airport authorities for inspection; whether the bag was locked and who had the key and how they opened the bag; are missing - Contraband article seized from exclusive possession of Petitioner at the time of seizure; no prima facie material given in support of same.
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