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2019 (12) TMI 103

..... araj 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 gu .....

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..... rol Bureau, Bengaluru Zonal Unit, Bengaluru. 2. Heard Shri. K.S. Vishwanatha, learned Advocate for petitioner and Shri. Madhukar Deshpande learned Advocate for Narcotics Control Bureau. 3. Prosecution s case is, as per source information received by NCB, one Shivaraj Urs, was expected to cross golden arrow fitness club near Coffey Mane , Rajarajeshwari Nagar in his black coloured Toyota Corolla Car bearing registration No.KA-03 MD-7250, on 30th April 2019 carrying huge quantity of Ketamine to deliver near Maurya Hotel, Ananda Rao Circle, Bengaluru. At around 19.15 hours, the car crossed the point of surveillance and the NCB team followed it. The driver of the car handed over a luggage bag to a person waiting near Maurya Hotel and escaped fr .....

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..... in manufacturing Ketamine by the petitioner. The second allegation is that 477 kgs. of Ketamine was seized from M/s. Inchem Laboratories premises in which petitioner is a Director. 10. Shri. Vishwanath urged that so far as the first allegation is concerned, there is absolutely no material placed by the NCB to substantiate the said allegation. Further, the said allegation is based on a statement given by a co-accused. 11. He further contended that so far as seizure of 477 kgs of Ketamine is concerned, in paragraph No.69 of the charge sheet, it is clearly mentioned that as per the report of the Central Revenue Controlled Laboratory, New Delhi, the Chemical analysis has shown negative result for the presence of Ketamine . 12. He further submit .....

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..... 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. 19. 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 prosecuti .....

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