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2019 Supreme(Kar) 1810

P.S.DINESH KUMAR
Shivaraj Urs S/o Ramachandran Urs – Appellant
Versus
Union of India Narcotic Control Bureau Bangalore Zonal Unit – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Shri. Hashmath Pasha Senior Advocate, for Shri. Kaleem Sabir, Advocate
For the Respondent:Shri. K.N. Mohan, Spl.P.P., Shri. Madhukar M. Deshpande, Advocate

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 :

    (a) that petitioner was kept in illegal detention from 1st May 2019 till he was produced before the learned Special Judge;

(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:

    prosecution’s case is, NCB received a source information at 15.00 hours on 30th April, 2019 that petitioner would cross ‘golden arrow fitness club’ near ‘Coffey Mane’, Rajarajeshwari Nagar in hi

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