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2019 (11) TMI 1671 - KARNATAKA HIGH COURTSeeking grant of bail - smuggling - recovery of contraband item - Ketamine - Section 37 of the NDPS Act - HELD THAT:- Undisputed facts are that petitioner is arraigned as accused No.1 when the NCB Team intercepted the Corrolla Car and when it was stopped at the particular place, the petitioner is alleged to have taken away the trolley from one Virendra Singh, which was containing 26.75 kgs of Ketamine material. Petitioner was apprehended by the NCB Team and in his voluntary statement, he has stated the facts in what way the material was taken away. No doubt, such material was carried illegally without there being any documents. That apart, petitioner is not involved in any other offences. Even though Clause 2(b) (i) of Section 37 of the Act, 1985 specifies that he is guilty of such offence and that he is not likely to commit any offence while on bail. The petitioner is not involved in any other offences and prima-facie he seems to be middleman-carrier. Since charge-sheet has been filed on 25.09.2019 and respondent has not made out a case as to what purpose the petitioner shall be continued in the custody, except that the petitioner admitted the alleged incident in his voluntary statement before the NCB. Petitioner shall be released on bail on his furnishing surety/bail bond to the satisfaction of the trial Court - petition allowed.
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