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2021 (2) TMI 150 - HC - Indian LawsSmuggling - admissibility of the statement recorded under Section 67 of GST Act - offence punishable under Sections 22, 23, 25, 25A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - HELD THAT:- In the present case also, statement of the applicant is recorded. It is stated that his statement was under duress and without his consent. Annexure-D shows that he has reiterated his statement saying that it was not given voluntarily by him and he is forced to give the same before the Officer of the Department of Revenue Intelligence under duress and without free will. Further as admitted by Mr. Prashant Kumar in his affidavit in reply Page 43 of the petition that M/s. Ardor Drugs Private Limited got one time permission for manufacture and export of Tramadol Hydrochloride 225 Mg tablets to Cameroon (through M/s. Sanctuary Pharmaceuticals) for only 101000 Tramadol 225 mg tablets. However, applicant in the guise of above mentioned licence, manufactured more than permissible quantity of Tramadol 225 mg tablets and got it clandestinely removed from M/s. Ardor Drugs Private Limited. Therefore, under the facts and circumstances of this case, this Court feels that this is a fit case whether the applicant is entitled to bail because there is a possibility that he may not be convicted under the provisions as charged by the respondent no.2 after recording evidence of eye witnesses. This Court is satisfied having regard to the material available on record and there are sufficient grounds that if the applicant may not be convicted - Further, the applicant has no antecedent and trail would take long time. He is not likely to run away from the justice if he is released on bail, as he is a Director of different companies situated at Songadh District Tapi. If the probabilities are there, the applicant may not be convicted, court can grant bail subject to further conditions being satisfied that the applicant is not likely to commit any offence while on bail - After filing of the the chargesheet during the pendency of this application, no further evidence is placed on record involving the present applicant in the offence, and therefore, this court feels that some stringent conditions will have to be imposed upon the applicant by accepting the prayer. The present application is allowed and the applicant is ordered to be released on regular bail.
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