TAWHEED AQUIB Vs. INTELLIGENCE OFFICER

JUDGEMENT

(1.) The petitioner-accused No.1 is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in F.No.DRI/BZU/ S-IV/ENQ-32(INT-NIL)2019, the Directorate of Revenue Intelligence, Bangalore Zonal Unit, Bangalore, pending on the file of the XXXIII Additional City Civil and Sessions Judge and Special Judge NDPS (CCH-33), Bengaluru in Spl.C.C.No.1398/2019 for the offences punishable under Ss. 8(c) read with Ss. 21(C) , 22(C) , 23(C) , 27 , 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (for short 'the NDPS Act '), on the basis of first information lodged by the informant.

(2.) Heard Sri. Tejas.N, learned counsel for the petitioner and Sri. Amit Deshpande, learned Standing Counsel for the respondent. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner had approached this Court seeking similar relief of granting bail in Criminal Petition No.2522/2020. The said petition was came to be dismissed vide order dtd. 28/7/2021. The petitioner is in judicial custody since 27/9/2019. The charge is not yet framed by the trial Court against the accused and therefore, detention of the petitioner in custody would amount to pre-trial punishment. Learned counsel further submits that the petitioner is entitled for benefit of parity as accused No.2 is already enlarged on bail by the Co-ordinate Bench of this Court. As per Test Report dtd. 13/11/2019, whereunder, MDMA tablets said to have been seized from the custody of the accused and subjected to the chemical analysis, the quantitative analysis of the samples could not be carried out for want of facilities.