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2023 (6) TMI 746 - GAUHATI HIGH COURTSeeking grant of bail - recovery and seizure of 62,080 nos. of Eskuf Cough Syrup bottles (Codeine Phosphate Chloropheniramine Maleate Syrup) of 100 ml. each - HELD THAT:- The investigation reveals that the seized cough syrup bottles were meant for sale in the western part of India, meaning thereby not for sale in the North-eastern region. Having heard the learned counsel of both sides and consideration of the averments made in the application supported by all relevant documents along with the materials on the case diary and despite the bar in Section 37 of the N.D.P.S. Act, this Court is of the considered opinion that subject to final outcome in investigation, for ends of justice further continuation of detention in judicial custody of the accused petitioners in the interest of the ongoing investigation may not be warranted. Accordingly, it is provided that each of the accused petitioners, named above, shall be released on bail of Rs. 1,00,000/- only with two sureties of like amount to the satisfaction of the learned Special Judge (NDPS), Dhubri subject to the conditions imposed - appeal allowed.
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