ASLAM C. A. Vs. UNION OF INDIA

JUDGEMENT

(1.) Accused No.2 in Spl.C.C.No.834/2022 pending before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru, arising out of NCB Crime No.48/1/19/2021/BZU registered by Narcotic Control Bureau, Bengaluru Zonal Unit, Bengaluru, for the offences punishable under Ss. 8(c), read with 20(b)(ii)(C), 23, 25, 27, 27-A, 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, (for short 'NDPS Act') is before this Court seeking regular bail.

(2.) Heard the learned Senior counsel for petitioner and the learned CGC for respondent.

(3.) On credible information received by the complainant on 30/9/2021 to the effect that two persons were transporting ganja in Maruthi Swift Car at around 12 in the noon, the complainant, along with his staff and independent witnesses came near the shop known as Lucky International at Kundalahalli, Bengaluru and found that two persons were standing near Maruthi Swift car bearing registration No.KA-12-MA-6697. Thereafter, they noticed that White colored Omni delivery wan bearing registration No.KA-05-AE-0833 arrived near the Maruthi Swift car and from the said omni van eight boxes were transferred to the Swift car bearing registration No.KA-12-M2-6697. Immediately, riding team of NCB surrounded the vehicles and when the two persons who were found near Swift car were interrogated, they revealed their names as Ramadin Yadav and Aslam C.A. When the parcel boxes which were found in the car were opened, the riding team found contraband article ganja inside the boxes which totally weighed 136.8 Kgs. After collecting sample of the said contraband article for the purpose of chemical examination, the contraband article ganja was seized and subjected to mahazar and thereafter, accused Nos.1 and 2 were brought along with the contraband article to the Office of NCB and subsequently, produced before the trial Court. On the basis of the voluntary statement of accused No.2, which was recorded on 1/10/2021, ganja weighting 1.92 kg was seized from his house. Investigation in the case is completed and final report has been filed by the investigating agency as against eight persons for the aforesaid offences. Petitioner's bail application filed before the trial Court in Crl.Misc.No.10150/2022 was dismissed on 8/11/2022. It is under these circumstances, petitioner is before this Court.