Aslam C. A. vs Union Of India

S Vishwajith Shetty, J

Accused No.2 in Spl.C.C.No.834/2022 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru, arising out of NCB Crime No.48/1/19/2021/BZU registered by Narcotic Control Bureau, Bengaluru Zonal Unit, Bengaluru, for the offences punishable under Sections 8(c), read with 20(b)(ii)(C), 23, 25, 27, 27-A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'NDPS Act') is before this Court seeking regular bail.

Heard the learned Senior counsel for petitioner and the learned CGC for respondent.

On credible information received by the complainant on 30.09.2021 to the effect that two persons were transporting ganja in Maruthi Swift Car at around 12 in the noon, the complainant, along with his staff and independent witnesses came near the shop known as Lucky International at Kundalahalli, Bengaluru and found that two persons were standing near Maruthi Swift car bearing registration No.KA-12-MA-6697. Thereafter, they noticed that White colored Omni delivery wan bearing registration No.KA-05-AE-0833 arrived near the Maruthi Swift car and from the said omni van eight boxes were transferred to the Swift car bearing registration No.KA-12-M2-6697. Immediately, riding team of NCB surrounded the vehicles and when the two persons who were found near Swift car were interrogated, they revealed their names as Ramadin Yadav and Aslam C.A. When the parcel boxes which were found in the car were opened, the riding team found contraband article ganja inside the boxes which totally weighed 136.8 Kgs. After collecting sample of the said contraband article for the purpose of chemical examination, the contraband article ganja was seized and subjected to mahazar and thereafter, accused Nos.1 and 2 were brought along with the contraband article to the Office of NCB and subsequently, produced before the trial Court. On the basis of the voluntary statement of accused No.2, which was recorded on 01.10.2021, ganja weighting 1.92 kg was seized from his house. Investigation in the case is completed and final report has been filed by the investigating agency as against eight persons for the aforesaid offences. Petitioner's bail application filed before the trial Court in Crl.Misc.No.10150/2022 was dismissed on 08.11.2022. It is under these circumstances, petitioner is before this Court.

Learned Senior counsel appearing for petitioner submits that petitioner is in custody since 30.09.2021. He has no criminal antecedents and he is a married man having family. Accused Nos.3 and 5 to 8 have been already enlarged on bail. Accused No.1 has been granted interim bail on 06.09.2022 by the trial Court and the said interim bail was subsequently extended and as on this date accused No.1 is on interim bail. He submits that Maruthi Swift car which was used for transporting of contraband article neither belongs to accused No.1 nor to the petitioner. Accordingly, he prays to allow the petition.

Per contra, the learned CGC appearing for respondent who has filed his statement of objections, has opposed the bail application. He submits that contraband article seized is of commercial quantity and in view of Section 37(1)(b) of NDPS Act, 1985 petitioner is not entitled for bail. He however, does not dispute that petitioner has no criminal antecedents.

Material on record would go to show that on receipt of credible information, complainant along with his staff had gone to the spot and found that, in a Maruthi omni van eight boxes of contraband article was brought and the same was being shifted to Maruthi Swift car, in which accused Nos.1 and 2 had come to the spot. Material on record would go to show that the Maruthi Omni van belonged to French Express Courier Private Limited and parcel boxes were booked by Jayadurga Enterprises on 27.09.2021 to be delivered in the name of Lucky International Private Limited. It is the case of the petitioner that petitioner had neither booked the parcel nor was the parcel addressed to him. The contraband article which was seized by the riding squad have been subjected to mahazar and thereafter, the sample that was collected was also forwarded to Forensic Science Laboratory and the report from the laboratory is already received. Investigation in the case is completed and final report has been already filed. Accused Nos.3 & 5 to 8 have been enlarged on bail. Accused No.4 who is the alleged supplier of the contraband article appear to be a habitual offender, against whom there are several other cases and he has got antecedents. It is stated that accused No.1 who was found along with accused No.2 at the spot and was arrested by the riding squad has been granted interim bail by the trial Court on 06.09.2022 and the order sheet of the trial Court reflects that the said interim order which was granted to accused No.1 was subsequently extended and as on this date, accused No.1 is on interim bail. Though the contraband article seized is of commercial quantity, it is not in dispute that the petitioner has no criminal antecedents. He is in custody for nearly two years. Learned Senior counsel appearing for petitioner submits that petitioner is a married man having family. Under these circumstances, I am of the view that petitioner prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in Spl.C.C.No.834/2022 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru, arising out NCB Crime No.48/1/19/2021/BZU, Narcotic Control Bureau, Bengaluru Zonal Unit, Bengaluru, registered for offences punishable under Sections 8(c), read with 20(b)(ii)(C), 23, 25, 27, 27-A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, subject to the following conditions:

a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

e) The petitioner shall not involve in similar offences in future.