P.S.DINESH KUMAR
Shivaraj Urs S/o Ramachandran Urs – Appellant
Versus
Union of India Narcotic Control Bureau Bangalore Zonal Unit – Respondent
ORDER :
This petition under Section 439 of Cr.P.C. seeking bail, is filed by accused No.2, alleged of offences punishable under Sections 8, 22, 23, 27A, 28, 29 and 32B(a) of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short), in NCB File No.48/1/6/19/BZU of Narcotic Control Bureau, Bengaluru Zonal Unit, Bengaluru.
2. Shri.Hasmath Pasha, learned Senior Advocate for petitioner, urged following grounds in support of this petition :
(b) the garage premises from where contraband was allegedly recovered was not in petitioner’s possession;
(c) no FIR has been registered and no case diary is maintained by the NCB;
(d) Panchanama dated 1st May 2019 conducted at 22.00 hours is contrary to law;
(e) ‘Ketamine Hydrochloride’ is not a drug under the NDPS Act but finds it’s place in Drugs and Cosmetics Act 1940;
3. Amplifying the grounds he made following submissions:
Collector of Customs, New Delhi v. Ahmadalieva Nodira
Directorate of Enforce ment Vs Deepak Mahajan and another
Lalita Kumari Vs. Government of Uttar Pradesh and others
Nirmal Singh Pahlwan Vs. Inspector, Customs House, Punjab
Noor Aga Vs. State of Punjab and another
State of Punjab Vs. Rakesh Kumar
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