MOHAMMAD YUNUS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioner/accused in NCB F.No.48/1/2/2013/BZU, Bengaluru, for the offence punishable under Sec. 8(c) read with Ss. 18 , 23 , 27A , 28 and 29 of the NDPS Act.

(2.) Heard the learned counsel for the petitioner and the learned Senior Central Government Counsel appearing for the respondent-NCB.

(3.) The factual matrix of the case of the prosecution is that on credible information received on 13/5/2013, intercepted the lorry in which accused Nos.1 and 2 were proceeding along with opium weighing 15.038 kilograms and the accused No.4 escaped from the said lorry and seized the same at the instance of accused Nos.1 and 2 and case has been registered at the first instance against accused Nos.1 and 2 and thereafter, while filing the charge-sheet, arraigned this petitioner as accused No.3 and also the accused No.4, who has escaped from the lorry and shown both accused Nos.3 and 4 in absconding column and charge-sheet was filed on 7/11/2013. While filing the charge- sheet, the accusation made against this petitioner is that he himself handed over the seized articles at Rajasthan and this petitioner was trafficking the same through accused Nos.1, 2 and