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TMI Blog2011 (7) TMI 846X X X X Extracts X X X X X X X X Extracts X X X X ..... orum under section 173(8) of the Code of Criminal Procedure - Present order releasing the applicant on regular bail is subject to further order that may be passed by the higher forum under section 173(8) of the Code of Criminal Procedure for further investigation, and it will be open for the respondent No.2 - original complainant to move an application for cancellation of bail of the applicant herein, in case, in future on further investigation under section 173(8) of the Code of Criminal Procedure it is found that the substance found/seized from the applicant is prohibited substance under the NDPS Act - Criminal Misc. Application No. 2326 of 2011 - - - Dated:- 29-7-2011 - M.R. Shah, J. S.H. Mousam, R. Yagnik, K.P. Raval and P.S. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been received from the said Laboratory and the said report is Nil and as per the said report the substance found/seized from the applicant is neither Narcotic Drug nor Psychotropic Substance. It is further submitted that the sample from the substance found/seized from the applicant was also sent for analysis to the Forensic Science Laboratory, Gandhinagar and the report has been received from the FSL, Gandhinagar and as per the said report the substance found/seized from the applicant is neither Narcotic Drug nor Psychotropic Substance. Submitting accordingly, it is requested to release the applicant on bail on suitable conditions. 5. Mr. P. S. Champaneri, learned Assistant Solicitor General of India, appearing on behalf of the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l court and as on today, there is no order for further investigation, and considering the fact that the applicant is in jail since last more than 18 months, the applicant can be released on bail on suitable terms and conditions, subject to further order that may be passed by the higher forum under section 173(8) of the Code of Criminal Procedure, and reserving the liberty in favour of the respondent No.2 - original complainant to move an application for cancellation of bail of the applicant, in case, in future on further investigation under section 173(8) of the Code of Criminal Procedure it is found that the substance found/seized from the applicant is prohibited substance under the NDPS Act. 8. In view of the above, present applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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