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2023 Supreme(Online)(Kar) 28715

KARNATAKA HIGH COURT
MR NIHAAL.S – Appellant
Versus
STATE BY INSPECTOR OF CUSTOMS – Respondent


O R D E R

The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C., in File No.GEN/INV/OTH/117/2021-HPU of Inspector of Customs, Headquarter Preventive Unit (HPU), Bengaluru City Customs, pending in Spl.CC No.933 of 2022 on the file of the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru, registered for the offences punishable under Sections 8(c), 22(c), 23(c), 27, 28 and 29 of Narcotic Drugs Psychotropic Substances Act, (for short 'NDPS Act').

2. Brief facts of the case are that, a parcel arrived in the Foreign Post Office, Chamarajpet, Bengaluru. The Superintendent of Customs suspected that the parcel may contain banned substance. Therefore, the same was opened in the presence of two independent witnesses and it was containing a plastic packet with 1120 paper strips weighing 15 grams, which appeared to be LSD. Sample strip was randomly picked and examined by using the drug detection kit, which gave positive result and prima-facie it appeared all the strips to be LSD. The same were seized under the mahazar. The sample LSD strips were also seized.

3. It is stated that since the parcel was addressed to th

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