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2017 (5) TMI 225 - HC - CustomsExport of contraband item - the case of the petitioner is that, his employee, Srinivas Anjaneya has indulged in attempting to export the alleged contraband by using the IE code of the partnership firm of which the petitioner was a partner; and that the petitioner had no knowledge with regard to the contraband - scope of petition - Held that: - Section 37 of NDPS Act is not applicable, this petition is considered within the parameters of Section 439 Cr.P.C. The investigation is complete and complaint has been lodged. The accused No.2, has admitted that he was receiving monetary consideration from the alleged supplier of contraband Subair. He has admitted in his statement recorded under Section 67 of the NDPS Act that he was transacting with one Subair and the said transactions were not known to anybody else in the office. He has been enlarged on bail by the Sessions Court. Petitioner has been in custody since December 2, 2016. The offences alleged against him are not punishable with death or life imprisonment - petitioner deserves to be enlarged on bail with stringent conditions - petition allowed - decided partly in favor of petitioner.
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