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2010 Supreme(Mad) 4920

G.M.AKBAR ALI
First – Appellant
Versus
Second – Respondent


Judgment :-

G.M. AKBAR ALI,J.,

1. The petitioner, who was arrested on 2.9.2010 for the offence punishable under Secs. 21, 23, 25A, 27A, 28 and 29 of NDPS Act read with Rule 3 of RCS Order 1993, in NCB F.No.48/1/3/2010-NCB/MDS on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the basis of prior information, the NCB Officials seized 12 Drums each containing 25 kgs of Ephedrine which is a Controlled Substance. The above said contraband was seized on 1.9.2010 from the office of the petitioner. The investigation revealed that one Kalidas, a Malaysian National has procured 300 kgs of Ephedrine and handed over to the Shipping Agent at Chennai for the shipment to Malaysia. The said Kalidas was apprehended while he was about to depart from Chennai and statement was recorded. The preliminary test conducted by the officers on the spot, answered positive for Ephedrine, a control substance, covered under the NDPS Act, read with NDPS (Regulation of Controlled Substance) Order 1993. The required No Objection Certificate for the export of the control substance was not available. The samples were drawn and the test report confirmed the presence of Ephedrine



















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