K. Sudhakar & Others vs Union Of India

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioners in NCB Crime No.48/1/2/2022/BZU of Narcotics Control Bureau, Bengaluru Zonal Unit, Bengaluru, for the offences punishable under Sections 8(c) read with 21(a), 21(b), 22(c), 27, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short).

Heard the learned counsel for the petitioners and the learned counsel for the respondent.

The case of the respondent is that these two petitioners, who have been arraigned as accused Nos.3 and 4 along with other accused persons have indulged in trafficking the Cocaine and the same was seized from these two petitioners to the extent of 42 grams and the presence of these two petitioners is necessary for further investigation in the matter.

The learned counsel for the petitioners would submit that these two petitioners are in custody from 17.01.2022 and the time limit for filing the charge-sheet is six months and from almost ten months they are in custody and investigation has been completed and charge-sheet is also filed and there is no need of further custody in the matter. The learned counsel submits that the quantum of ganja seized i.e., 42 grams is less than commercial quantity. The main allegation in the charge-sheet is against accused Nos.1 and 2 and accused No.1 is the kingpin.

The learned counsel for the respondent would submit that there are chances of the petitioners fleeing away from justice if bail is granted.

Having heard the learned counsel for the petitioner and the learned counsel for the respondent and also on perusal of the material available on record, it is not in dispute that these two petitioners are in custody from January 2022. It is also the contention of the learned counsel for the petitioners that both the petitioners are Diploma Engineers working in Chennai. Having taken note of the gravity of the offence and also the quantum of ganga seized at the instance of the petitioners and there are no any other criminal antecedents against these petitioners, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioners with conditions.

With regard to the contention of the learned counsel for the respondent that the petitioners are the residents of Chennai, this Court finds it appropriate to insist for two local sureties and subject to furnishing of two local sureties, the petitioners may be enlarged on bail.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioners shall be released on bail in connection with NCB Crime No.48/1/2/2022/BZU of Narcotics Control Bureau, Bengaluru Zonal Unit, Bengaluru, for the offences punishable under Sections 8(c) read with 21(a), 21(b), 22(c), 27, 27A, 28 and 29 of the NDPS Act, subject to the following conditions:

(i) The petitioners shall execute their personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two local sureties each for the like-sum to the satisfaction of the jurisdictional Court.

(ii) The petitioners shall not indulge in tampering the prosecution witnesses.

(iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against them is disposed of.