NARCOTICS CONTROL BUREAU Vs. SAYED NASHATH

JUDGEMENT

(1.) This petition is filed by the petitioner-Narcotics Control Bureau through Intelligence Officer under Section 482 of Cr.P.C for quashing the order dated 25.06.2021 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases at Bengaluru in NCB.F.No.48/1/06/2021/BZU rejecting the prayer of the petitioner seeking for police custody of the respondent.

(2.) Heard the arguments of the learned counsel for the petitioner. Though the learned counsel has appeared on behalf of the respondent but he is not present today.

(3.) The case of the petitioner is that the petitioner- Narcotics Control Bureau received the credible information that the respondent has sent a consignment to a person at Qatar by parcel in Airway namely Aramex Private Limited. On suspicion they called the respondent and have taken voluntary statement wherein he has admitted that he has sent the drug-Amphetamine. Subsequently, respondent was arrested on 13.04.2021 and produced before the Special Court on 14.04.2021 and remanded him to custody. Thereafter, the petitioner through Investigating Officer has filed an application on 24.06.2021 seeking police custody of the respondent for five days on the ground that the respondent was required for further investigation and they produced materials to show that the respondent is also involved in some other cases. The application came to be rejected by the Special Court stating that police custody must have been taken as sought by the Investigation Officer within 15 days from the date of production before the Court and also relied upon the judgment of the Hon'ble Supreme Court in the case of C.B.I, New Delhi Vs. Anupam J.Kulkarni reported in AIR 1992 SC 1768.