2019 (12) TMI 103

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....tha, learned Advocate for petitioner and Shri. Madhukar Deshpande learned Advocate for Narcotics Control Bureau. 3. Prosecution's case is, as per source information received by NCB, one Shivaraj Urs, was expected to cross 'golden arrow fitness club' near 'Coffey Mane', Rajarajeshwari Nagar in his black coloured 'Toyota Corolla' Car bearing registration No.KA-03 MD-7250, on 30th April 2019 carrying huge quantity of 'Ketamine' to deliver near Maurya Hotel, Ananda Rao Circle, Bengaluru. At around 19.15 hours, the car crossed the point of surveillance and the NCB team followed it. The driver of the car handed over a luggage bag to a person waiting near Maurya Hotel and escaped from the scene. The person who received the bag was apprehended and....

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....d allegation is that 477 kgs. of 'Ketamine' was seized from M/s. Inchem Laboratories premises in which petitioner is a Director. 10. Shri. Vishwanath urged that so far as the first allegation is concerned, there is absolutely no material placed by the NCB to substantiate the said allegation. Further, the said allegation is based on a statement given by a co-accused. 11. He further contended that so far as seizure of 477 kgs of Ketamine is concerned, in paragraph No.69 of the charge sheet, it is clearly mentioned that as per the report of the Central Revenue Controlled Laboratory, New Delhi, the Chemical analysis has shown 'negative' result for the presence of 'Ketamine'. 12. He further submitted that this Court by order dated 12th Novemb....

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....isfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. 19. In the case on hand, as per report of Central Revenue Laboratory, seized material is not 'Ketamine'. The other allegation of training accused No.2 is based on the voluntary statement of co-accused. Though a statement made before any Officer referred under Section 42 of the NDPS Act can be used by the prosecution against an accused, it is relevant to note that the allegation is with regard to training a co-accused in manufacturing drug. No other material is placed by the Prosecution to corroborate the statement of Shivaraj. Admittedly prosecution has already filed charge she....