Karnataka High Court
Anil Ahmed vs Intelligence Officer on 20 September, 2017
Author: Rathnakala
Bench: Rathnakala
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER 2017
BEFORE
THE HON'BLE MRS.JUSTICE RATHNAKALA
CRIMINAL PETITION NO.7544/2017
BETWEEN:
ANIL AHMED
S/O MOHAMMED HUSSAIN
AGED 35 YEARS, MALDIVIAN
R/AT ST-29, SHRIRAM SAMAKRUTHI
SY NO.57, KUNDALAHALLI VILLAGE
K.R.PURAM HOBLI
BANGALORE EAST TALUK - 560 066. ...PETITIONER
(BY SRI K.S.VISHWANATHA, ADV.)
AND:
INTELLIGENCE OFFICER
NARCOTICS CONTROL BUREAU
BANGALORE - 560 063
(REPRESENTED BY SPECIAL PP)
HIGH COURT COMPLEX,
BENGALURU - 560 001. ...RESPONDENT
(BY SRI K.N.MOHAN, SPL.PP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
NCB.F.NO.48/1/11/2016/BZU, (SPL.C.C.NO.212/2017) OF
INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU,
BANGALORE FOR THE OFFENCES P/U/S 8(C) R/W 21, 23, 28, 29
OF NDPS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel appearing for the petitioner/accused and the learned Special Public Prosecutor appearing for the respondent-Narcotics Control Bureau.
2. The petitioner is prosecuted by the respondent- Intelligence Officer, Narcotics Control Bureau, Bangalore, before the Special Judge for NDPS Act, Bangalore, in respect of the offences under section 8(c) r/w sections 21, 23, 28 and 29 of the NDPS Act, 1985.
3. The allegation is, on a credible information that the petitioner is dealing with narcotic substance, the Investigating Officer raided the courier office and arrested A-1 who had booked the parcel to Maldives in the courier office. On his voluntary statement, the petitioner was apprehended. As per the FSL report, the presence of cheras is found in the incriminating substance seized from the courier office.
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4. Learned Special Public Prosecutor Sri.K.N.Mohan along with his objection statement opposes the bail petition and submits that the petitioner has admitted his complicity in the alleged offence and the same is legal and admissible under Section 67 of the NDPS Act.
5. However, considering the fact that the incriminating substance seized is not subjected for quantitative chemical examination test, at this stage, it cannot be said that whether the incriminating substance was below or above the commercial quantity. The commercial quantity as per the schedule to the Act is 1 kg cheras. The incriminating substance seized in this case is 1.9 kgs cheras.
6. Learned counsel for the petitioner submits that the petitioner undertakes to abide by any condition that may be imposed on him. Since the investigation is complete, he may be enlarged on bail. He is residing along with his family members in the cause title address and his children are prosecuting study at Bangalore. -4-
In the light of the above submission, the petition is allowed. The petitioner is enlarged on bail in NCB.F.NO.48/1/11/2016/BZU (Spl.C.C.No.212/2017) of respondent-police on his executing a self bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two local sureties for the likesum to the satisfaction of the concerned Court. He shall attend the Court regularly on all the hearing dates. He shall not leave the jurisdiction of the Special Court till conclusion of trial and mark his attendance before the Superintendent, Office of the NCB, Zonal Unit, Kattigenahalli, Baglur Main Road, A.F. Station, Yelahanka Post, Bangalore-560063 on every Wednesday during office hours till conclusion of trial.
Sd/-
JUDGE Dvr: