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2019 (12) TMI 103

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..... mbargo 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 .....

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..... l 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 from the scene. The person who received the bag was apprehended and identified as J.Kannan. 4. On the following day, NCB officials found the car in Yelahanka. They issued a notice under Section 50 of NDPS Act to Shivaraj Urs, conducted a search and took possession of incriminating documents under a panchanama. 5. NCB officials also searched the garage in Shivarj s house and seized 25.45 kgs of Ketamine . 6. During the course of enquiry, Shivaraj discl .....

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..... 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 submitted that this Court by order dated 12th November 2019 in Criminal Petition No.6059/2019 has granted bail to accused No.1. Therefore, detention of petitioner is wholly unwarranted. Accordingly, he prayed for granting bail. 13. Shri. Deshpande, opposing the petition submitted that though the Report prepared by Central Revenue Controlled Laboratory has not shown positive result for the presence of Ketamine , NCB is seeking a second opinion. He urged th .....

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..... der 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. 20. In view of facts recorded above, this petition merits consideration. Hence, the following order: (a) Petition is allowed. (b) Petitioner shall be released on bail in NCB F. No.48/1/6/2019/BZU before Narcotics Control Bureau, Bengaluru, upon his executing a personal bond for ₹ 5,00,000/- (Rupees Five Lakhs only) and two sureties for the like-sum to the satis .....

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