GOPAL RAMAN Vs. THE INTELLIGENCE OFFICER

JUDGEMENT

(1.) The petitioner is in custody in respect of Crime No.7/2017 registered by the respondent - Intelligence Officer, Directorate of Revenue Intelligence. During the pendency of the petition, the Investigating Officer has submitted charge sheet against the accused in respect of offences under Sections 8(c) punishable under Sections 22(c), 23(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (as amended) R/w section 135(A) of the Customs Act (herein after referred to as 'the Act" for brevity).

(2.) The gist of the case of prosecution is that the petitioner was apprehended in Bengaluru International Airport on 16.03.2017, while he was heading to board the flight for Malaysia via Srilanka. On verification of his baggage the Officers found incriminating substance, which was suspected to be ketamine, weighing 1,980 grams. He was arrested and the incriminating substance was seized under mahazar. After the receipt of chemical report, their suspicion has come true that it is ketamine hydro chloride, which is a psychotropic drug as contemplated in the schedule appended to Section 2 Clause XXIII.

(3.) Sri. Satyanarayana S. Chalke, learned counsel appearing for the petitioner submits that the petitioner has no criminal antecedents and is not involved in identical offences. He was an innocent carrier of the alleged substance. As per his statement recorded by the Intelligence Officer, the baggage was handed over to him by one Dr. Hassan (absconding accused). Said Dr. Hassan had instructed him to hand over the baggage to a person, whose detail was yet to be communicated by him after reaching Malaysia. The petitioner had a valid visa and have close relatives at Bengaluru and will attend the Court regularly. Since the investigation has already been completed, his continued detention till conclusion of the case is not required.