UNION OF INDIA Vs. MANSOOR ABDULLA K.S.

JUDGEMENT

(1.) The prosecution has preferred the subject criminal petition calling in question the order dtd. 4/4/2022 passed by the XXXIII Additional City Civil and Sessions Judge & Special Judge (NDPS), Bangalore in Special C.C.No.271 of 2020 relaxing bail conditions earlier imposed.

(2.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:- The petitioner receives information that a parcel at DHL Express India Private Limited is suspected to contain narcotics drugs or suspicious contraband, pursuant to which, team of the petitioner reaches the office of DHL Express India Private Limited at Bangalore and conducts a search. After seizing all the materials on 23/1/2020 the team recorded voluntary statement of accused No.2 one Faiz.K who at the time of giving statement brings in the name of the respondent/accused No.3 that he had booked the parcel and was in contact with the respondent on WhatsApp calls/chat. Accused No.2 gave the voluntary statement to the petitioner after having been granted anticipatory bail with a direction to appear before the Investigating Officer. On three occasions accused No.2 had taken the name of the respondent/accused No.3 that it is his parcel which ultimately did not reach the destination and, therefore, accused 2 and 3 were in constant contact.

(3.) The statement of the respondent/accused No.3 could not be recorded despite three notices under Sec. 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('the Act' for short) and later, the respondent appears to have filed and was granted an anticipatory bail with a condition that he should appear before the Investigating Officer once in 15 days and shall cooperate with the investigation. The allegation in this regard is that the respondent has not turned up for investigation even after directions being issued intermittently. Later it transpires that an arrest warrant (NBW) was issued against the respondent/accused No.3, but it could not be served as he was staying in Dubai. Therefore, a look-out circular was opened by the Zonal Unit of the petitioner against the respondent/accused No.3. On 10/2/2022 when accused No.3 landed in Bangalore, he was detained by the Immigration Bureau on account of look- out circular and handed over to the petitioner. After the respondent/accused No.3 was handed over to the petitioner, he was produced before the Court on 10/2/2022 which has given 5 days for his examination and recording of statements by the NCB.