Senthil Babu Devadoss vs Union Of India, Narcotics Control Bureau, Bangalore Zonal Unit, Through Intelligence Officer, Bangalore - 560001

S Vishwajith Shetty, J

Accused in Special Case No.237/2023 pending before the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Act at Bangalore registered for the offences punishable under Sections 8(c) read with Sections 22 (c), 23(c), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS' for short) is before this Court seeking regular bail.

Heard the learned counsel for the parties.

The Investigation Officer, Narcotics Control Bureau ('NCB' for short) having received credible information on 04.08.2022 at about 13.30 hours, to the effect that one consignment bearing bill No.3831598315 containing narcotic drugs and psychotropic substance was lying at DHL Express Private Limited No.53, B Block, Cargo Village Kempegowda International Airport, Devanahalli, Bangalore had visited the said office along with staff and on opening the parcel, which was found in DHL Express Private Limited, it was seen that it contained 400 grams of Alprazolam tablets. The consignor of the parcel was one Senthilbabu Devadoss S/o. Devadoss. The contraband article was seized under a mahazar and thereafter, the consignor Senthilbabu Devadoss S/o. Devadoss, was intercepted near his house by the NCB team and he was taken to their office. His voluntary statement was recorded thereafter and it is the case of NCB that Senthilbabu Devadoss S/o. Devadoss had confessed having booked the consignment in his name and it was suppose to be shipped to United Kingdom. As per the case of the prosecution at the instance of one Sony, the complainant had booked the consignment to the address at United Kingdom and for the purpose of booking the consignment, the KYC documents belonging to the petitioner - Senthilbabu Devadoss S/o. Devadoss was submitted. After recording the statement of petitioner - Senthilbabu Devadoss S/o. Devadoss, he was arrested and produced before the Court. The sample of seized contraband article was sent to FSL and the reports have already been received and the samples are said to have tested positive for the substance Alprazolam. Investigation in the case is completed and the charge sheet has been filed.

Petitioner's bail application filed before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru (CCH-33) in Crl. Misc. No.2413/2023, which was rejected on 01.04.2023. Under these circumstances, the petitioner is before this Court.

Learned counsel for the petitioner reiterating the grounds urged in the petition submits that except the confession statement of the petitioner and the KYC documents said to have been submitted for the purpose of booking the consignment, there is absolutely no material to connect the petitioner to the crime. He further submits that petitioner is in custody since 06.08.2022. Investigation in the case is completed and the charge sheet has been filed. Petitioner has no criminal antecedents. Therefore, prays to allow the petition.

Learned Counsel for the respondent who has filed the statement of objections, has opposed the bail application and submits that in view of Section 37(1)(b) of the NDPS Act, since the contraband article is of commercial quantity, the petitioner cannot be granted bail.

The material available on record would go to show that on receipt of credible information with regard to consignment that was lying in a courier office by name DHL Express Private Limited at Kempegowda International Airport, Devanahalli, Bangalore, the NCB had visited the courier office and the said contraband articles parcel was opened in the office of the courier and the contraband articles, which are found in the parcel were seized and subjected to mahazar. The parcel was allegedly booked by the petitioner and the same was supposed to be shipped to the address mentioned in the parcel at United Kingdom. Except the KYC documents, which were submitted for the purpose of booking the parcel, there is absolutely no material to connect the petitioner to the crime. Learned counsel for the petitioner rightly submitted that it cannot be said that the seizure was from the conscious possession of the petitioner. According to the prosecution, the petitioner was shipping the consignment on the instruction of one Sony. The prosecution has not produced any material to show that petitioner had received consideration for such a shipment. The bank statements of the petitioner have not been verified by the Investigation Officer.

Learned counsel for the respondent has stated that except the KYC documents, the investigation Officer has not collected any documents as against the petitioner. The petitioner is in custody since 06.08.2022. The statement made by the learned counsel for the petitioner that he has no criminal antecedents, has not been denied by the learned counsel for the respondent. For an offence, which involves commercial quantity of narcotic drugs and psychotropic substance, bail can be granted in view of Section 37(1)(b)(ii) of the NDPS Act only if the Court has any reasonable doubt with regard to the involvement of the accused in the crime or if the Court is satisfied that the accused is not likely to involve himself in similar offences in future. In the case on hand, except the KYC documents, there is no other document to connect the petitioner to the crime. Petitioner has no criminal antecedents. Investigation in the case is completed and the charge sheet has been filed. Under these circumstances, I am of the view that the petitioner has made out prima facie case for grant of regular bail. Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in Special Case No.237/2023 pending before the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Act at Bangalore registered for the offences punishable under Sections 8(c ) read with Sections 22 (c ), 23(c ), 27A, 28 and 29 of NDPS, subject to the following conditions:

a) Petitioner shall execute 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.