ARUN. V. Vs. STATE BY INSPECTOR OF CUSTOMS

JUDGEMENT

(1.) This petition is filed under Section 439 Cr.P.C., to enlarge the petitioner on bail in O.R.No.4/2016-17, pending on the file of XXXIII Addl. City Civil and Sessions Judge and Special Court for NDPS Cases, Bengaluru (CIS- 693/2016) (Special C.C.No.148/2017)

(2.) Heard Shri. R. Sridhar, learned counsel for the petitioner and Shri. Jeevan J. Neeralgi, learned Central Government Standing Counsel.

(3.) Briefly stated the facts of the case are petitioner filed shipping bills to export cargo of 'Non - Woven Shopping Bags' to Malaysia. The customs authorities based on intelligence information examined the cargo and found some white powder in hollow plastic handles of bags. Preliminary test conducted using narcotics Field Test Kit indicated possible presence of Methaqualone. The same was seized. Petitioner was summoned and his statement recorded. Samples of seized material was sent to Custom House Laboratory, Chennai for chemical analysis. After investigation, the respondent has filed the complaint before the Special Court for NDPS cases under Sections 36 A (1) (d) of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act' for short). The said complaint has been registered in Special C.C.No.148/2017. The statement of the petitioner was recorded on October 13 and 14, 2016 and he was formerly arrested on October 14, 2016. Since then, he is in custody.