Mohammed Afzal vs Union Of India on 8 January, 2020

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Karnataka High Court

Mohammed Afzal vs Union Of India on 8 January, 2020

Bench: John Michael Cunha

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 8TH DAY OF JANUARY, 2020

                          BEFORE

      THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

            CRIMINAL PETITION NO.7714 OF 2019

BETWEEN:
MOHAMMED AFZAL
S/O ABDUL RAHMAN
AGED ABOUT 25 YEARS
R/O SHAMEEM QUARTERS, SONKAL
UPPALA PO, UPPALA, KASARAGOD-581 342.
ALSO AT #5, 2ND FLOOR, LINDON STREET, AUSTIN TOWN
Y.G. PALAYA, BENGALURU-560 047.     ....PETITIONER

(BY SRI. MOHAMMED PASHA C, ADVOCATE)

AND:
UNION OF INDIA
NARCOTICS CONTROL BUREAU
BANGALORE ZONAL UNITS, BANGALORE 01
REPRESENTED BY SPL PP
HIGH COURT CAMPUS
BENGALURU-560 001.              ... RESPONDENT

(BY SRI. SIJI MALAYIL, CGSC )

     THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
No.NCB F.NO.48/1/07/2019/BZU (CIS No.576/2019) FOR THE
OFFENCE PUNISHABLE UNDER SECTION 8(c) READ WITH
SECTIONS 22(c),23, 28, 29 OF NARCOTIES DRUGS AND
PSYCHOTROPICS SUBSTANCES ACT 1985.
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    THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

                              ORDER

Petitioner is accused No.2. This Criminal Petition filed in connection with NCP No.48/1/7/19/BZU registered for the offences under Section 8(3) read with Section 22(c), 23, 28 and 29 of the NDPS Act.

2. Heard the learned counsel for the petitioner and the learned Central Government Standing Counsel for the respondent.

3. Perused the statement of objections filed on behalf of the respondent.

4. Learned counsel for the petitioner at the outset submitted that common and identical allegations were made against four accused persons including the present petitioner alleging trafficking of various contrabands in violation of the provisions of the NDPS Act.

5. Learned counsel for the petitioner has made available the copies of the orders passed by this Court in Criminal Petition 3 No.6359 of 2019 dated 11.10.2019, Criminal Petition No.4944 of 2019 dated 16.09.2019 and Criminal Petition No.4706 of 2019 dated 09.09.2019 whereby A1, A3 and A4 have been enlarged on bail by this Court subject to certain conditions. Since the petitioner also stands on the same footing, the benefit of the said order is available to the petitioner on the ground of parity.

6. For the said reasons, the petition is allowed. Consequently, the petitioner shall be released on bail in connection with NCB F No.48/1/7/2019/BZU dated 15.06.2019 registered by the respondent/Narcotics Control Bureau, Bangalore, pending on the file of XXXIII Addl.City Civil and Sessions Judge and Special Judge for NDPS Act at Bangalore, in Crl.Misc.No.5657/2019 for the offence punishable under Sections 8(c) read with Sections 22(c), 23, 28 and 29 of NDPS Act, subject to the following conditions:

(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional court.

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

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

(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.

(v) The petitioner shall mark his attendance once in fifteen days on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till filing of the final report, whichever is earlier.

(vi) The petitioner shall not get himself involved in similar offences.

Sd/-

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