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2018 (12) TMI 1305 - HC - CustomsSmuggling - narcotic items i.e., mashed leaves in cake form - baggage rules - seizure of goods - NDPS Act - limitation on granting of bail - Held that:- In the absence of chemical analysis test as contemplated under the Instruction, it is opined that though the seized article is considered to be Hashish as per the kit report, in the absence of the chemical analysis report, it cannot be considered and in that light, the accused-petitioner is having a right to be enlarged on bail by imposing some stringent conditions - also though the seized articles is more than the commercial quantity but due to lapse on the part of the department in not getting the report, the benefit of bail has to be extended to the accused-petitioner and in that light, the petition is allowed.
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