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TMI Blog2017 (4) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 22 of the NDPS Act is not exclusively punishable with death or imprisonment for life and as Accused No. 2 has been already granted bail by this Court, petitioner can be admitted to anticipatory bail by imposing reasonable conditions - petition allowed - decided in favor of petitioner. - Criminal Petition No. 5002 of 2016 - - - Dated:- 18-10-2016 - Budihal R.B., J. Shri B.M. Shyam Prasad, Sr. Counsel and A. Ramesh Gowda, Advocate, for the Petitioner. Shri Jeevan J. Neeralgi, Advocate, for the Respondent. ORDER This petition is filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest in DRI/BZU/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint and other materials produced by the prosecution will not make out a case that petitioner has also committed the offence under Section 22 of the NDPS Act. As he apprehends arrest at the hands of respondent, he has approached the Court seeking anticipatory bail. 5. Learned Standing Counsel for the respondent has submitted that so far as the grant of bail to Accused No. 2 is concerned, he was in custody and after considering the materials this Court has opined that he is entitled to be released on bail. Looking to the materials collected, so also, the schedule to the NDPS Act, it clearly shows that offence has been committed under Section 22 of the NDPS Act. It is also his contention that to know the role of the petitioner in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r he was having possession of the same for the purpose of selling or for the purpose of exporting the same. Hence, ultimately, it is for the prosecution to establish beyond reasonable doubt during the course of evidence that petitioner was manufacturing ketamine or was having possession of the same for the purpose of exporting or selling the same. The name of the petitioner is not arrayed as accused person. Since the respondent has taken steps by issuing notice to the petitioner calling upon him to appear before them, the apprehension of his arrest at the hands of the respondent is well founded. The petitioner has contended that he is totally unconnected with the alleged offence and is ready to abide by any reasonable conditions. To mai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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