THAHA UMMER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner/Accused No.1 has filed this petition under Sec. 439 of Cr.P.C. for enlarging him on bail in Narcotic Control Bureau (for short, 'NCB') Crime No.48/1/11/2022/BZU registered by NCB, Bengaluru Zonal Unit, for the offences punishable under Ss. 8(c) read with Ss. 22(b), 23(c), 27-A, 28 and 29 of Narcotic Drugs Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS) CCH-33, Bengaluru.

(2.) The brief factual matrix leading to the case are that, on 7/5/2022 a reliable information was received by complainant, regarding the suspicious parcel having Way Bill No, 1826193810 laying at DHL Express (India) Pvt. Ltd., Express Cargo Terminal, No. C 19, North Cargo Road, Kempegowda International Airport, Bengaluru - 560 300 and it was suspected to be containing Clonazepam Tablets, which is covered under NDPS Act. Then after taking necessary instructions in writing from the superintendent of NCB at Bengaluru Zonal Unit, the Investigating Officer along with his team reached the DHL Express (India) Pvt. Ltd., Express Cargo Terminal No.C-19, North Cargo Road, Kempegowda International Airport, Bengaluru and a parcel was found to be booked by Sri. Ajmal Nanath Valiyatt, son of Haris Nanath Valiyatt, resident of Nanath valiyatt House, Melmuri, Malappuram, Kerala and was addressed to one Sri Zainul Abid Mannan Paramban, Al Maddena Sweets, Halaga Vegitables Market, Near Shamaisi Warehouse, PO Box Number 6641, Jeddh, K.S.A Jeddah, Saudi, Arabia. Then after following the procedures as per law, 357 grams of Clonazepam Tablets (a psychotropic substance under the provision of NDPS Act) was seized from that parcel from the said Cargo and seizure mahazar was also drawn at the spot on 7/5/2022. It is further alleged that four summons have been issued to the present petitioner/Accused No.1 for his appearance for interrogation and subsequently, the present petitioner/accused was arrested on 25/8/2022 and after interrogation, he was produced before the Court and then he was remanded to judicial custody.

(3.) The petitioner has approached the learned Sessions Judge/Special Judge seeking regular bail in Criminal Misc. No.8757/2022 and that bail petition came to be rejected. Hence, he is before this Court.