YASH KAPOOR Vs. STATE

JUDGEMENT

(1.) The petitioner-accused is before this Court seeking grant of bail under Sec. 439 of Cr.P.C. in File No.GEN/INV/OTH/131/2022-HPU, registered by the Customs and Excise Police Station, Bengaluru, registered for the offences punishable under Ss. 22 , 23 , 27 , 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act (for short ' NDPS Act ').

(2.) Heard Sri Santosh S Gogi, learned counsel for the petitioner and Sri Chidanand Kulkarni, learned Special Public Prosecutor for the respondent -State. Perused the materials on record.

(3.) Learned counsel for the petitioner submitted that the petitioner is the sole accused. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 14/10/2022 and since then he is in judicial custody. It is stated that a parcel was received from Netherlands and it is suspected by the respondent-police, that it contained narcotic and psychotropic substances. The parcel was said to have been opened and it said to have contained 6 microdosing truffle strips, weighing 75 grams and 3 packets of magic truffles psilocyte atlantis weighing 50 grams. No ground test is conducted. Subsequently, the petitioner was apprehended when he went to collect the dummy parcel. The petitioner contended that the substance in question is not either narcotic or psychotropic substance but is a medicine. There is absolutely no reason to form an opinion that the substance which was seized is psilocyte atlantis. The FSL report is also not yet obtained. Under such circumstances, the petitioner is not required to be detained in custody. Detention of the petitioner in custody would amount to pre-trial punishment. The petitioner is the permanent resident of the address mentioned in the cause title to the petition and is ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.