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2023 Supreme(Kar) 363

M. NAGAPRASANNA
Emmanuel Michael S/o Michael Peter – Appellant
Versus
Union of India Narcotic Control Bureau, Bengaluru – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Hashmath Pasha, Kariappa N.A.
For the Respondent: Narasimhan S.

ORDER :

1. The petitioner is before this Court calling in question order dated 20-05-2021 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases at Bangalore in Special C.C. No. 768 of 2021 and as a consequence seeks a direction for eschewing the statement of the petitioner recorded between 21-05-2021 and 23-05-2021.

2. Facts, in brief, germane are as follows:

    On receipt of certain information on 17-12-2020 at 3.00 p.m. the respondent/Narcotic Control Bureau of Government of India seized 610 gms. of MDMA from the foreign Post Office, Chamarajpet, Bengaluru. After the said seizure, again on 18-12-2020 on suspicion arrested accused No. 1, a lady near Sahakarnagar Post Office, Bengaluru. The suspicion leads to the petitioner and the petitioner is also taken into custody on the same day i.e., 18-12-2020. Both accused Nos. 1 and 2 were interrogated, their statements were recorded and on a remand application dated 19-12-2020 police custody was taken, up to 23-12-2020. After interrogation, the petitioner was by an order dated 23-12-2020 remanded to judicial custody.

3. On the investigation continuing, another accused would emerge, Accused No. 3. He is a

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