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2019 (12) TMI 103 - KARNATAKA HIGH COURTSmuggling - Ketamine - contraband item - section 50 of NDPS Act - main ground urged on behalf of petitioner is that the seized material is not ‘Ketamine’ - other allegation that Shivaraj was trained by petitioner is based on statement of co-accused. No other allegation is made by the prosecution against petitioner. HELD THAT:- Admittedly, as per the charge sheet, 17 samples were sent to Central Revenue Controlled Laboratory. The chemical analysis report has shown negative result for presence of ‘Ketamine’. Thus, as on date, the seized material cannot be described as ‘Ketamine’. Section 37 of NDPS Act places an embargo from releasing a person accused of offences punishable for Section 19 or 24 or 27A of the NDPS Act, unless the Public Prosecutor has been given an opportunity to oppose the application and Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. In the case on hand, as per report of Central Revenue Laboratory, seized material is not ‘Ketamine’. The other allegation of training accused No.2 is based on the voluntary statement of co-accused. Though a statement made before any Officer referred under Section 42 of the NDPS Act can be used by the prosecution against an accused, it is relevant to note that the allegation is with regard to training a co-accused in manufacturing drug. No other material is placed by the Prosecution to corroborate the statement of Shivaraj. Admittedly prosecution has already filed charge sheet and petitioner is in custody since 10th May 2019. Petitioner shall be released on bail, upon his executing a personal bond for ₹ 5,00,000/- and two sureties for the like-sum to the satisfaction of the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Act, Bengaluru - petition allowed.
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