IN THE COURT OF THE XXXIII ADDL.CITY CIVIL &
SESSIONS JUDGE & SPL. JUDGE (NDPS), BENGALURU.
CCH.33.
PRESENT:
SMT. B.S. JAYASHREE, LL.M.,
XXXIII ACC & SJ & SPL.JUDGE (NDPS),
BENGALURU.
DATED: THIS THE 6th DAY OF DECEMBER 2022
Crl. Misc.No.10508/2022
Petitioner :
(accused No.2)
Ajmal Nanath Valiyatt, a/a 25 years,
S/o.Haris Nanath Valiyatt, R/at
Nanath Valiyatt House, Melmuri,
Malappura, Keralaн676505.
(By Sri Binu.M., Adv.)
V/S.

Respondent :
State by Union of India
Narcotics Control Bureau
Bengaluru Zonal Unit,
Through Intelligence Officer
City Civil Court Complex
Bengaluru
(By Spl.Public Prosecutor)
ORDER
The present petition U/Sec.439 of Cr.P.C., is filed by the
petitioner to enlarge him on bail, in Cr.No.48/1/11/2022 of
2
NCB.,
Bangalore
registered
for
the
offences
punishable
U/Sec.8(c) r/w.Sec.22(b), 23(c), 28 and 29 of NDPS Act.

2. The prevalent grounds urged seeking bail:н
That the petitioner is very innocent and law abiding
citizen.

He has not committed any offence much less the
offence as alleged.

He has been falsely implicated by the
respondent in this case.

Though the alleged offence is non
bailable, but is neither punishable with imprisonment for life
or death sentence. It is urged by the petitioner that he is a
sales man and he is working in a medical shop named Aliya
Medicals situated in Malapuram District, Kerala for the past 6
months. He is not aware of any courier on that particular day
and he is busy in doing his sales work. Without his knowledge
the owner of the shop one Thaha had issued his Aadhar card
for dispatching the banned medicine Clonazepam tablet to the
foreign country through airways.

Aadhaar card of petitioner
has been misused and a fake signature has been made. It is
further urged that while verifying
the documents which is
produced by the investigating agency the doctor prescription
3
CCHн33
Crl.Misc.10508/2022
pad is sponsored by the Aliya Medicals and while checking the
tax/medical bill is also in the name of Aliya medicals. The
owner of the medical shop is one Mr.Thaha who has created a
fake doctor prescription dated 14.3.2022 by using fake patient
name. Since the said Aliya medical and its owner have very
deep root in the case the investigation agency is trying to
protect the medical shop owner. The petitioner herein had
never been to the courier shop. One Mr.Thaha went to the
courier office by taking the petitioner’s Aadhaar card without
the knowledge of the petitioner. He apprehends arrest in the
hands of respondent police. In the event of his arrest he would
be put to untold hardship. Petitioner is permanent resident of
the address shown in the cause title. The petitioner is ready
and willing to abide by any conditions imposed by this court in
the event of grant of bail. He is ready to offer surety for his
due appearance before this court. Hence, sought to grant bail.

3. The prosecution filed objection contending that the
present petitioner along with the owner of the medical shop in
conspiracy has send various drugs to abroad on many times.

4
The investigation in the case is in progress, some more persons
are yet to be examined and reports and other relevant
information is required to be obtained from various agencies
and forensic lab. The present petitioner helped to book the
parcel by giving his Aadhar card to accused No.1 in lieu of
money. He is very well aware of the drug trafficking business.
He is doing drug trafficking along with Sri Thwaha Ummar.
The petitioner has some links with international level drug
trafficking and therefore he is avoiding the investigation
agency.

The investigation is pending.

If the petitioner is
granted anticipatory bail he may abscond and may tamper
with the prosecution witnesses.
similar offences.

He may involve himself in
Hence, sought to reject the bail plea of
petitioner.
4. Heard learned counsel for the petitioner and the
prosecution.
5. The points that arise for my consideration are as here
under:
CCHн33
Crl.Misc.10508/2022
5
1. Whether petitioner has made out
sufficient grounds to enlarge him on
bail?
2. What order?
6. My findings on the above points are as under:
Point No.1: In the Affirmative
Point No.2: As per the final order for the following:
REASONS
7. POINT NO.1:н
The gist of the allegation leveled in the
prosecution papers are as here under:н
On 7.5.2022 at about 10.30 hours IO., NCB has received
credible
information
that
a
suspicious
parcel
bearing
No.1826193810 laying at DHL Express (India) Pvt., Ltd., KIA.,
Bengaluru and suspected to be containing Clonazepam tablet
which is covered under the NDPS Act. After getting necessary
orders of superintendent, NCB., Bangalore Zonal Unit, IO.,
NCB formed a team along with DD kit and staff and been to
the spot. When he has enquired about the suspected parcel
bearing way bill No. 1826193810 it was placed before NCB
team. The parcel was in the form of white colour polythene
6
cover of DHL and was found to be from one Ajmal Nanath
Valiyatt,
s/o.Haris
Nanath
Valiyatt
of
Kerala
and
was
addressed to Zainul Abid Mannan Paramban, Saudi Arabia.
The
suspected
parcel
independent witnesses.

was
opened
in
the
presence
of
On opening the white coloured
polythene cover it was found to be containing a small brown
coloured carton box and mentioned on the box Уpurchased on
amazonФ in India’s largest online store. On further opening the
above said carton box it was found to be containing 6 nos., of
bottles of septilin tablets 60. All the bottles were having loose
and unsealed lid.

All the 6 bottles were manufactured by
Himalaya Drug company. The net contents is 60 tablets. One
bottles was opened and it was found to be containing 374 nos.,
of white coloured tablets of Rivotril.

Other 5 bottles were
opened and each bottles was found to be containing 374 nos.,
of tablets Rivotril. In all 2244 tablets found in the said bottles.
All the tablets were put together into one transparent
polythene zip lock cover and weighed. The weight of the entire
substance came out to be 357 grams. The contains of Rivotril
2 is Clonazepam a psychotropic substance and it is prohibited
CCHн33
Crl.Misc.10508/2022
7
in NDPS Act. All the tablets were seized. The polythene zip
lock cover containing substance was wrapped with transparent
coloured tape and transferred into a green colour paper
envelop.

The sample of
the tablet was sent to CFSL.,
Hyderabad. The report also received by the NCB. As per the
report in Ex.S1 sample Clonazepam has been detected. The
report of CFSL is also available in the case record. The IO NCB
after seizure of the parcel and receipt of the parcel has
proceeded with the investigation and as per the prosecution
papers the present petitioner has booked the parcel. Now, in
the present petition, petitioner is seeking anticipatory bail.

8. It is urged by the petitioner that he is a sales man and
he is
working in a medical shop named Aliya Medicals
situated in Malapuram District, Kerala for the past 6 months.
He is not aware of any courier on that particular day and he is
busy in doing his sales work.

Without his knowledge the
owner of the shop one Thaha had issued his Aadhar card for
dispatching the banned medicine Clonazepam tablet to the
foreign country through airways.

Aadhaar card of petitioner
8
has been misused and a fake signature has been made. It is
further urged that while verifying
the documents which is
produced by the investigating agency the doctor prescription
pad is sponsored by the Aliya Medicals and while checking the
tax/medical bill is also in the name of Aliya medicals. The
owner of the medical shop is one Mr.Thaha who has created a
fake doctor prescription dated 14.3.2022 by using fake patient
name. Since the said Aliya medical and its owner have very
deep root in the case the investigation agency is trying to
protect the medical shop owner.

The petitioner herein had
never been to the courier shop. One Mr.Thaha went to the
courier office by taking the petitioner’s Aadhaar card without
the knowledge of the petitioner.
9.

The prosecution vehemently contends that the
present petitioner along with the owner of the medical shop in
conspiracy has send various drugs to abroad on many times.
The investigation in the case is progress, some more persons
are yet to be examined and reports and other relevant
information is required to be obtained from various agencies
and forensic lab. Though the IO., NCB has sent summons to
CCHн33
Crl.Misc.10508/2022
9
the petitioner directing him to appear for investigation on
6.7.2022. He has failed to appear before the IO., NCB. He is
very well aware of the drug trafficking business. He is doing
drug trafficking along with Sri Thwaha Ummar. The petitioner
has some links with international level drug trafficking and
therefore he is avoiding the investigation agency.

10. I have carefully gone through the material placed on
record.

As per the investigation papers, the IO., NCB has
seized the parcel containing Clonazepam tablets 357 grams.
The said parcel is booked by the present petitioner. The name
and address referred on the parcel belongs to the present
petitioner. Though in the present petition he contends that he
is working in the medical shop and his owner has booked the
parcel, at this stage, when the matter is pending investigation,
the said plea of the petitioner could not be entertained. It is
also to be noticed that though the IO., NCB., has issued notice
U/s.67 of NDPS Act, the petitioner has failed to appear before
the investigating officer.
commercial
quantity
of
As per specification of small and
narcotic
drug
or
psychotropic
10
substance issued by Ministry of Finance Department of
Revenue
Notification
S.O.1055(E)
dated
19.10.2001
at
Sl.No.189 the narcotic drug Clonazepam Ц weighing 05 grams
is small quantity and 100 grams is commercial quantity. In the
present case 357 grams of Clonazepam narcotic substance
seized is a commercial quantity.

11. I have carefully gone through the material placed on
record.

As per the investigation papers, the IO., NCB has
seized the parcel containing Clonazepam tablets 357 grams.
The said parcel is booked by the present petitioner by using
the Aadhar card of accused No.2.

As per the investigation
report the accused No.1 has used the Aadhar card of present
petitioner and has forged the signature of present petitioner
and has booked the parcel of contraband. The name and
address referred on the parcel shows the name of accused
No.2. As per specification of small and commercial quantity of
narcotic drug or psychotropic substance issued by Ministry of
Finance Department of Revenue Notification S.O.1055(E) dated
CCHн33
Crl.Misc.10508/2022
11
19.10.2001 at Sl.No.189 the narcotic drug Clonazepam Ц
weighing 05 grams is small quantity and 100 grams is
commercial quantity. In the present case 357 grams of
Clonazepam
narcotic
substance
seized
is
a
commercial
quantity.
12. The petitioner herein is arrested by the investigating
agency and on 10.10.2022 his statement came to be recorded.
In the said statement he has stated that parcel bearing way bill
No.1826193810 was booked by accused No.1 from Blue dot
Express Malappuram to Saudi Arabia containing medicines
along with prescriptions.
parcels.

Accused no.1 has booked several
The details of the parcels is given by the present
petitioner.

One Nadeem has maintained NRX drug register
controlled medicine ledger. Accused No.1 is placing orders for
NRX drugs as per the customers demand. One Mustafa is a
home delivery man.

The Aadhar card of this petitioner has
been used by the accused No.1 to send shipments to several
countries. Accused No.1 has also used the name of coнworker.
The
petitioner
is
having
no
knowledge
of
sending
banned/controlled medicine by accused No.1. But he is aware
12
of the present case shipment. He has also stated that accused
No.1 is sending several shipments by using the Aadhar cards
of present petitioner and coнworkers. At this stage, the
contraband which is supposed to be exported to foreign
country has been intercepted by the investigating agency and
accused No.1 is arrested.

The several illegal transactions of
accused No.1 has been scrutinized by the investigating agency.
The role of the present petitioner is he is a worker under the
accused No.1 in the Aliya Medical Shop. His Aadhar card and
other credentials has been used by the accused No.1. The
present petitioner has not booked the parcel directly.

His
name and credentials has been used by the accused No.1.
Though the quantum of contraband seized in the case is a
commercial quantity of contraband, but the present petitioner
has not procured the contraband to deliver it to the customers
at Abroad. He is a worker under accused No.1. He has not
financed to procure the said drugs. He is not a partner in the
business of drug trafficking of accused No.1.

CCHн33
Crl.Misc.10508/2022
13
13.

The major portion of investigation in the case is
concluded as the incriminatory article is already seized from
accused.

The offence alleged against the petitioner is not
punishable with death or imprisonment for life.
custodial
interrogation
is
not
warranted.

As
Further
per
the
information provided by the petitioner he is permanently
residing in the address shown in the cause title.

The
apprehension of the prosecution that he may abscond and may
protract the trial could be compensated by imposing stringent
conditions. In the result, I answer the point for consideration
in the affirmative.
14. Point No.2:н
In the result, I proceed to pass
following:
ORDER
The Petition filed by the petitioner U/Sec.439 of
Cr.P.C is hereby allowed.
The petitioner is enlarged on bail on executing
personal bond for a sum of Rs.5,00,000/н with two
sureties for the like sum with following conditions.
1.

The petitioner shall give attendance before
the concerned I.O., once in a month i.e.,
14
preferably on first Monday of every month in
between 10.00 am., to 2.00 pm., till filing of
charge sheet or further orders whichever is
earlier.
2.

He shall not leave the jurisdiction of this
court without prior permission.

3.

He shall not tamper the witness or abscond.

4.

He
shall
coнoperate
investigation.

5.

He shall not commit similar offence or
any offence while on bail.

6.

He shall furnish his photo ID proof and
local address proof document before the
court and photo ID proof of his sureties.

7.

He shall appear before the court on all
hearing dates.

8.

Breach of any of the conditions by the
petitioner would entail cancellation of bail.

9.

He shall surrender his passport before the
court.

with
I.O
for
[Dictated to the stenographer, directly on the computer, typed and
computerised by her, corrected, signed and then pronounced by me in
Open Court on this the 6th day of December 2022]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.