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        Case ID :

        2022 (11) TMI 1481 - HC - Indian Laws

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        Statutory bail claim rejected where seized codeine phosphate was supported by spot test, labels, and chemical examiner's report. Statutory bail was sought on the basis that the police report was incomplete because a confirmatory FSL report had not yet been received. The court noted ...
                        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.

                              Statutory bail claim rejected where seized codeine phosphate was supported by spot test, labels, and chemical examiner's report.

                              Statutory bail was sought on the basis that the police report was incomplete because a confirmatory FSL report had not yet been received. The court noted that the seized consignment was identified as codeine phosphate through the spot test kit report, the labels on the bottles, and the chemical examiner's report. It also found that the investigation materials did not suggest the consignments were meant for medicinal use. On that basis, the police report was not treated as incomplete merely for want of a further FSL opinion, and the prayer for statutory bail was rejected.




                              Issues: Whether the petitioners were entitled to statutory bail on the ground that the police report was incomplete for want of a confirmatory FSL report.

                              Analysis: The seized consignment was found to contain codeine phosphate on the basis of the spot test kit report, the labels on the seized bottles and the chemical examiner's report. The materials collected in investigation did not indicate that the consignments were meant for medicinal use. In these circumstances, the police report could not be treated as incomplete merely because a confirmatory FSL opinion had been awaited.

                              Conclusion: The claim for statutory bail was not accepted and the prayer for bail was rejected.


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                              ActsIncome Tax
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