Karnataka High Court
Mr Pallulabid Ahamad Arimutta vs State By N.C.B., Bengaluru on 16 September, 2019
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION No.4462/2019
BETWEEN:
1. Mr.Pallulabid Ahamad Arimutta
S/o Ahamad Arimutta Abdulla,
Aged about 31 years,
R/at No.172-1, Ammathi Road,
Kondageri Post,
Virajpet Taluk, Kodagu-571211.
Karnataka.
2. Mr.Mohammed Majid Saleem,
S/o Mohammed Maayne Haji Majid,
Aged about 39 years,
R/at No.29-A,
Nariyandhada Village,
Madikere,
Kodagu-571252.
Karnataka. ...Petitioners
(By Sri.M.T.Nanaiah, Sr. Advocate for
Sri.M.Lokesh Babu, Advocate for Petitioner)
AND:
State by N.C.B., Bengaluru,
(Narcotics Control Bureau,
Bengaluru Zonal Unit,
2
Through Intelligence Office) ... Respondent
(By Sri K.N.Mohan, Spl.P.P.)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioners on bail in NCBF
No.48/1/3/2019/BZU for the offence punishable under
Section 8(c) read with 20(b), 21, 22, 28 and 29 of NDPS
Act, 1985.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
Heard the learned counsel for the petitioners and learned special counsel for the respondent. Perused the records.
2. The learned special counsel for the respondent- NCB has also filed the statement of objections.
3. The brief factual matrix of the case are that, on 22.03.2019, on the basis of credible information, the respondent-NCB team has arrested accused Nos.1 and 2, who were about to travel Doha by Oman Airways and seized 965 gm. of amphetamine, 30 gms. of cocaine and 4.525 kg. of hashish from the possession of the accused 3 Nos.1 and 2. The petitioner Nos.1 & 2 are arraigned as accused Nos.3 and 4 in NCBF No.48/1/3/2019/BZU (CIS No.288/2019) for the offence punishable under Sections 8(c) read with 20(b), 21, 22, 28 and 29 of NDPS Act. It appears, on the basis of voluntary statement of accused No.1, these two petitioners (A3 & A4) were nabbed by the respondent-police. However, there is absolutely no recovery of narcotic drugs at the instance of these two petitioners (A3 & A4). It is only on the basis of voluntary statement of accused No.1 and also on identification of the photographs of the petitioners (A3 & A4) by accused No.1 & 2, these petitioners have been arrested and they have also in their voluntary statement have stated that, they have committed the said alleged offences.
4. Looking to the above said facts and circumstances of the case, except the voluntary statement of accused No.1 & 2 and the petitioners herein (A3 and A4), there is no material available with the prosecution to 4 connect the Petitioners herein (A3 & A4) with the alleged accusation of Accused Nos.1 and 2. Prosecution has to prove that how these two accused persons are connected to this case, beyond all reasonable doubt at the stage of evidence during trial. Therefore, under the above said circumstances, the rigor of Section 37 of NDPS Act is not attracted in so far as this case is concerned. Hence, I am of the opinion that, particularly, Section 439 of Cr.P.C., the petitioners are entitled to be enlarged on bail, on certain stringent conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioners (A3 and A4) shall be released on bail in connection with case in NCBF No.48/1/3/2019/BZU for the offence punishable under Sections 8(c) read with 20(b), 21, 22, 28 and 29 of NDPS Act, now pending on the file of XXXIII Addl. City Civil and Special Judge for the NDPS Cases at Bengaluru, subject to the following conditions, :
i. Each of the petitioners shall execute their respective personal bonds for a sum of Rs.1,00,000/-(One Lakh only) with two 5 sureties 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, till the case registered against them is disposed of.
v. The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE JS/-