RIJESH RAVINDRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed by accused No.3 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.NCB.48/1/14/2020/BZU on the file of NCB, Bengaluru for the offences punishable under Section 8 r/w. Sections 22 , 27A , 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (' NDPS Act ' for short).

(2.) I have heard Sri Hashmath Pasha, learned Senior Counsel for Sri Nasir Ali, learned counsel for the petitioner-accused No.3 and Sri Madhukar Despande, learned CGSC for the respondent-NCB.

(3.) The gist of the case of the prosecution is that on 21.8.2020 at about 5.50 p.m., the Intelligence Officer of NCB received a credible information that one Mohammed Anoop is staying in Room No.205-206 of Royal Suites Hotel Apartment at Kalyannagar and has purchased 100 grams of Methylenedioxymethamphetamine ('MDMA' for short) pills and immediately the said information has been forwarded to higher authority and along with panch witnesses they went to the said place and a search has been conducted in Room No.205-206 in the said Hotel, where they found 60 grams of MDMA tablets and the same has been seized by drawing a mahazar and the said Mohammed Anoop has been apprehended. During the course of enquiry, he disclosed that he has given 40 grams of tablets to the petitioner-accused No.3. On the same day, i.e., on 21.8.2020 at about 11.10 p.m., another information report has been prepared on the basis of the statement given by Mohammed Anoop and after taking an authorization, a search has been conducted at Flat No.52401 at Chookanahalli, Jakkur, Yelahanka, Bengaluru and the petitioner-accused No.3 was found with 40 grams of MDMA tablets and 180 blots of Lysergic acid Diethylamide ('LSD' for short) and they were seized under panchanama and the petitioner- accused No.3 has been taken to custody.