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2017 (4) TMI 138

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..... Bengaluru. 2. Brief facts of the prosecution case as per the complaint averments are that upon receipt of credible information the DRI officials have conducted raid on the factory premises of M/s. Hexagon Bio-Pharma Pvt. Ltd., and found some off white powder in a plastic bag and claimed that it contained ketamine weighing 13.800 kgs. and accordingly during the course of investigation, they have arrested one of the Directors and arrayed him as Accused No. 2 and on the alleged statement of Accused No. 2 who has purportedly stated that petitioner knows knowing about the manufacturing of the said ketamine, have issued notice to the petitioner to appear before them and to give his statement. Apprehending arrest by the respondent, petition .....

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..... lanation or statement. Hence, it is necessary to have custodial interrogation of the petitioner in relation to the alleged offence. It is also contended that the offences alleged are serious in nature. Hence, petitioner is not entitled to be granted with anticipatory bail. 6. I have perused the grounds urged in the bail petition, complaint averments, the materials produced by the learned counsel for the petitioner along with the petition, so also, the order passed by this Court dated 28-6-2016 in Crl. P. No. 3468/2016 so far as Accused No. 2 is concerned. Paragraph No. 13 of the said order reads as under : "There is no dispute that Ketamine is covered under Schedule to the Act. But there is no specific substance for Ketamine Hydrochl .....

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..... le to make out a case of his reasonable apprehension of arrest at the hands of the respondent he can maintain the petition. Since the alleged offence under Section 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, I am of the opinion that petitioner can be admitted to anticipatory bail by imposing reasonable conditions. 7. Accordingly, petition is allowed. The respondent-Police are directed to enlarge the petitioner on bail in the event of his arrest in DRI/BZU/S-IV/INT-09/2016 pending on the file of Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru, subject to the following conditions : i. &nbs .....

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