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2019 (11) TMI 1671

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..... is not involved in any other offences. Even though Clause 2(b) (i) of Section 37 of the Act, 1985 specifies that he is guilty of such offence and that he is not likely to commit any offence while on bail. The petitioner is not involved in any other offences and prima-facie he seems to be middleman-carrier. Since charge-sheet has been filed on 25.09.2019 and respondent has not made out a case as to what purpose the petitioner shall be continued in the custody, except that the petitioner admitted the alleged incident in his voluntary statement before the NCB. Petitioner shall be released on bail on his furnishing surety/bail bond to the satisfaction of the trial Court - petition allowed. - CRL.P 6059/2019 - - - Dated:- 12-11-2019 - .....

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..... l be released on bail or on his own bond unless - the Public Prosecutor has been given an opportunity to oppose the application for such release and further reasonable grounds for believing that accused is not guilty of such offence and he is not likely to commit any offence while on bail. 3. Learned counsel for the respondent further submitted that having regard to the voluntary statement under Section 67 of the Act, 1985 by the petitioner before the NCB Authority to the extent that carrying the aforesaid Ketamine material was illegally in possession of petitioner, which suffice to believe that petitioner is prima- facie guilty of such offence and further contended that petitioner is likely to commit further offence while he is on bail. .....

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..... ioner was apprehended by the NCB Team and in his voluntary statement, he has stated the facts in what way the material was taken away. No doubt, such material was carried illegally without therebeing any documents. That apart, petitioner is not involved in any other offences. Even though Clause 2(b) (i) of Section 37 of the Act, 1985 specifies that he is guilty of such offence and that he is not likely to commit any offence while on bail. 7. Learned counsel for the respondent has not apprised for what purpose petitioners custody is required to be continued. Moreover, charge-sheet has been filed on 25.09.2019. Respondent counsel is of the view that if petitioner is enlarged on bail, he is likely to flee away from the country and accused N .....

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