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2019 (11) TMI 307 - HC - Indian LawsGrant of Bail - Smuggling - Ketamine Hydrochloride - Drug or not - section 50 of NDPS Act - petitioner is alleged of offences punishable under Sections 8, 22, 23, 27A, 28, 29 and32B(a) of the Act. HELD THAT:- In order to grant bail, Court must record satisfaction on two aspects. Firstly that there are reasonable grounds to believe that petitioner is not guilty of alleged offence and secondly that he is not likely to commit any offence while on bail. Admittedly, ‘Ketamine’ finds its place at Sl. No.110A of the Schedule. Salts and preparations find place at Sl. No.111. Hence, ‘Ketamine Hydrochloride’ will have to be treated as a preparation of Ketamine. - the contention urged by Shri. Hasmath Pasha that petitioner is required to be tried only for violation of Drugs and Cosmetics Act, is also untenable. A careful analysis of dates and events discernable from petitioner’s statement, seized documents and contraband do not instil confidence to record satisfaction that there exist grounds to believe that petitioner is not prima facie guilty of the alleged offence and that he is not likely to commit any offence, if released on bail. Petition dismissed.
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