2015 (11) TMI 310 - SCH - Customs

Release on bail - Offences punishable under Sections 22(c), 23(c) and 28 of Narcotic Drugs and Psychotropic Substances Act, 1985 Petitioner contended that article seized is not contraband and she is not involved in any other criminal cases nor have any criminal antecedents - FSL report did not mention the percentage of drugs in article Bail shall be granted conditionally Respondent contended that they made out prima facie case about the accused s involvement in offence and she have been carrying KETAMINE in her back-pack in a concealed manner - Court should be satisfied that during bail, the petitioner is not going to commit any other offence. - Supreme Court after hearing the parties dismissed the petition held that foundation of the bail order shall not influence the learned trial judge during the trial - Tribunal in the impugned order 2015 (10) TMI 2028 - KARNATAKA HIGH COURT held that Contraband article is mentioned at Sl. No. 110A of Schedule-H to the NDPS Act thus not prohibited Some minute details such as it is not mentioned that when the back pack checked was offloaded and brought to airport authorities for inspection; whether the bag was locked and who had the key and how they opened the bag; are missing - Contraband article seized from exclusive possession of Petitioner at the time of seizure; no prima facie material given in support of same.