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        2015 (11) TMI 141 - HC - Customs

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        Regular bail in pseudoephedrine recovery case denied where alleged forged records and fake bills supported diversion accusations. In a narcotics prosecution involving recovery of a large quantity of tablets made from pseudoephedrine powder, the court emphasised that regular bail ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Regular bail in pseudoephedrine recovery case denied where alleged forged records and fake bills supported diversion accusations.

                            In a narcotics prosecution involving recovery of a large quantity of tablets made from pseudoephedrine powder, the court emphasised that regular bail depends on the facts of each case rather than any broad rule based on a claimed licence or the controlled nature of the substance. The allegation of fake bills and forged account entries, suggesting diversion of the controlled substance to fictitious firms, weighed heavily against release. On those facts, the petitioner was held not entitled to regular bail and the petition was dismissed.




                            Issues: Whether the petitioner was entitled to regular bail in a case involving recovery of a large quantity of tablets containing pseudoephedrine powder, along with allegations of forged bills and fabricated records.

                            Analysis: The petitioner was alleged to have been found in possession of a heavy quantity of tablets manufactured from pseudoephedrine powder. The record also indicated recovery of fake bills and forged account entries, suggesting that the controlled substance had been diverted by showing sales to fictitious firms. The Court held that the cited decisions did not lay down any rule that bail must be granted merely because the accused claimed to hold a licence or because the substance was controlled. Bail in narcotic matters depended on the facts of each case, and the heavy recovery together with allegations of fabrication weighed against release.

                            Conclusion: The petitioner was held not entitled to regular bail and the petition was dismissed.


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                            ActsIncome Tax
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