Prima facie assessment of Ketamine Hydrochloride under NDPS schedules supported bail subject to conditions.

Bail under Section 439 CrPC was considered in an NDPS prosecution where the forensic report identified the seized substance as Ketamine Hydrochloride. On a prima facie assessment of the record, the Court found support for the contention that the substance did not appear to fall within Schedule I, II or III of the NDPS Act. That prima facie position justified grant of bail, subject to conditions.

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Issues: Whether the petitioner was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985 when the forensic report indicated that the seized substance was Ketamine Hydrochloride.

Analysis: The petitioner's bail request was considered on the basis of the material on record and the forensic analysis of the seized substance. The report stated that the substance was Ketamine Hydrochloride, and the Court found prima facie force in the contention that it was not a contraband drug specified in Schedule I, Schedule II or Schedule III of the Narcotic Drugs and Psychotropic Substances Act, 1985. On that prima facie assessment, the Court found bail to be justified, subject to conditions.

Conclusion: Bail was granted to the petitioner.

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