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 28th DAY OF MARCH 2024
Crl. Misc.No.2905/2024
Petitioner :
(accused)
Syed Abu Thahir, 32 years,
S/o. Ayub Khan, R/at.4/1,
Muktharunnisa Begam Street,
3rd Lane Anna Salai, Chennai,
Tamilnadu 600 002.
(By Sri Balakrishna Jagtap, Adv.)
V/S.
Respondent :
State by NCB
(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.48/1/14/2021/BZU
(Spl.C.C.No.1825/2021) of
NCB., registered for the offences
punishable U/Sec.9A, 25A, 28 & 29 of N.D.P.S. Act.
Crl.Misc.No.2905/2024
2
2.
The prevalent grounds urged seeking bail:
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. There is no connection or active part played
by this petitioner. The procedure contemplated under N.D.P.S.
Act not followed while recovery. The voluntary statement of
petitioner recorded after two months of the seizure effected in
the case. He has stated that he is a driver by profession. He
has requested one fizal for financial help. He is ignorant of the
seized drug.
He has no acquaintance with any person in
Karnataka, Maharashtra or Australia. Further the seized
substance is not a narcotic drug but it is a controlled
substance. Further the investigation in the case is concluded
and Charge sheet is submitted. The petitioner herein has been
granted bail by this court in Crl.Misc.Petition No.855/2022
vide Order dated.11.02.2022.
filed
Crl.Petition
before
The investigating agency had
the
Hon’ble
High
Court
in
Crl.Misc.2905/2024
Crl.Pet.No.12385/2022 contending that he had violated the
conditions of bail and sought to cancel the bail petition. In the
said petition the Hon’ble High Court directed the present
petitioner to surrender before this court. As per the Order he
has surrendered before the court and remanded to J.C. Now
he seeking bail in the present petition contending that he is
not aware of the concealment of contraband article in the
parcel. He has no connection to the crime.
He is having no
criminal antecedents and is permanent resident in the address
as 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 while opposing the bail petition
contended that the I.O has seized 2.512 Kgs., of Amphetamine
from a parcel sent from NSW Sidney, Australia.
The said
amphetamine seized is a commercial quantity. There are
sufficient materials available against the petitioner and the
said offences are punishable with rigorous imprisonment for a
4
Crl.Misc.No.2905/2024
term which shall not be less than 10 years which may extend
to 20 years and shall also be liable to fine. The investigation is
concluded and complaint filed before this court. The petitioner
herein is staying at Chennai.
conditions.
He has violated the bail
Therefore, the Hon’ble High Court has cancelled
the bail of petitioner and directed him to file fresh bail petition
and in such event his bail plea to be considered in accordance
with law. Thus, the petitioner herein who had violated the bail
condition is not entitle for bail.
In the event of his release he
may tamper with the prosecution witnesses.
Incriminatory
articles were seized from his custody. He may involve himself
in similar offences.
Investigating agency by complying the
provisions prevailed under the act has seized the contraband
from the petitioner. The petitioner herein would sell the drugs
to the younger generation which may ruin the career of
younger generation. With these specific pleas sought to reject
the bail plea of the petitioner.
4.
Heard learned counsel for the petitioner and the
prosecution.
Crl.Misc.2905/2024
5.
The points that arise for my consideration are as
here under:
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: The NCB, Bangalore has put the
criminal law into motion. The gist of the allegation reads as
here under:
On 6.7.2021,
complainant on the credible information
seized 2.512 Kgs., of Amphetamine from two parcel bearing
way bill No.4188489270 at DHL Express India Pvt., Ltd.,
No.69, 3rd cross, II stage, Yeshwanthpur Industrial Suburb,
Yeshwanthpur, Bangalore – 22. The details of consignor was
found to be in the name of Pradeep Kumar, s/o.Roshan,
No.39B,
Shahu
Mill
Colony,
Rajarampuri,
Kolhapur,
6
Crl.Misc.No.2905/2024
Maharashtra and was destined to as Peter John, No.12 Colin
Street, Lakemba, NSW Sidney, 2195, Australia. On enquiry it
was revealed that the said parcel was undelivered due to no
such person in the above mentioned address. Further the said
person namely A Syed Abu Thahir was arrested by NCB
Hyderabad on 3.9.2021. The said Thahir was produced before
this court on 3.9.2021 as per body warrant issued by this
court. Thereafter, he was taken to custody by NCB for further
investigation.
On 31.8.2021 during interrogation he has
stated that he has exported a parcel from which 2.512 Kgs., of
Amphetamine was seized on 6.7.2021 with fake purchase
invoice and fake Aadhaar card having his photo in the name of
Pardeep Kumar. Thereafter, he was produced before this court
and remanded to judicial custody. The IO NCB filed complaint
after conclusion of investigation in the case.
8.
Here in the present case initially the investigating
agency at the time of seizure suspected the article as 2.512
Kgs., of amphetamine. After receipt of FSL report it is opined
that the seized article is a pseudo ephedrine.
Now the
Crl.Misc.2905/2024
investigation in the cases concluded Charge sheet has been
submitted. Further custodial detention of the accused is not
warranted.
After receipt of FSL report it is evident that the
seized article is psecudo ephidrine and it is a controlled
substance.
This Court has granted bail to the petitioner in
Crl.Misc.855/2022
vide
Order
dtd.12.02.2022.
As
the
petitioner had violated the bail condition of nonleaving the
jurisdiction of this court, the I.O NCB had filed bail
cancellation plea petition before Hon’ble High Court of
Karnataka. The HHCK has directed the petitioner to surrender
before this court and his bail was cancelled. Accordingly he
had surrendered before this court.
9.
The petitioner herein is prosecuted for booking the
parcel of Pseudoephedrine.
The contraband seized is 2.512
Kgs. Of Pseudoephedrine. There is an allegation against the
petitioner that he has used fake purchase Invoice and fake
Aadhar card. The allegation of using fake documents has to be
adjudicated at the time of trial.
controlled substance.
The contraband seized is a
The punishment prescribed for the
8
offence is not life or death.
Crl.Misc.No.2905/2024
Further when the contraband
seized is a controlled substance, the rigors of section 37 is not
applicable as per the dictum of Hon’ble High Court of Delhi
reported in AIR Online 2021 Del 205 between Manoj Guptha
V/s. Narcotics Control Bureau. Now the detention of petitioner
is not warranted as complaint is already filed before this court.
The petitioner herein violated the bail condition.
The said
aspect has to be viewed seriously. It is specified that he shall
not leave the jurisdiction of this court till the conclusion of the
trial, failing which his bail would stands cancelled. As 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.
10.
following:
Point No.2:
In the result, I proceed to pass
Crl.Misc.2905/2024
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.1,00,000/ with two
sureties for the like sum with following conditions.
1. He shall not leave the jurisdiction of this
court without prior permission.
2. He shall not tamper the witness or
abscond.
3. He shall not commit similar offence or any
offence while on bail.
4. He shall furnish his photo ID proof and
photo ID proof of his sureties.
5.
He shall appear before the court on all
dates of hearing.
6. Breach of any of the conditions by the
petitioner would entail cancellation of bail.
[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 28th day of March 2024].
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
GVSR*
10
Crl.Misc.No.2905/2024
Crl.Misc.2905/2024
ORDER PRONOUNCED IN THE OPEN COURT, VIDE
SEPARATE 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.1,00,000/ with two
sureties for the like sum with following conditions.
1. He shall not leave the jurisdiction of this
court without prior permission.
2. He shall not tamper the witness or
abscond.
3. He shall not commit similar offence or any
offence while on bail.
4. He shall furnish his photo ID proof and
photo ID proof of his sureties.
5.
He shall appear before the court on all
dates of hearing.
6. Breach of any of the conditions by the
petitioner would entail cancellation of bail.
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.
12
Crl.Misc.No.2905/2024