KENNETH JIDEOFOR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.NCB File No.F/48/1/1/10/BZU with respect to the offences punishable under Sections 8(c) read with Sections 21 & 29 of Narcotic, Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) The case made out by the prosecution is that on 17.01.2019 information was received by the Intelligence Officer of NCB that one Nigerian National-accused No.1 was traveling from Mumbai to Bengaluru and was carrying Cocaine with him and was likely to get down in Kalasipalya. On the basis of such information, it is stated that the bus was followed by the Officers of NCB and when the bus came near Kalasipalya bus stop, accused No.1 was taken into custody and on the information obtained from accused No.1, it is stated that he has brought the Cocaine to give it to Victor and his two associates, who were waiting near KFC at Kammanahalli. The Officers were stated to have taken accused No.1 and when they reached to the said spot, it is stated that they found three Africans were sitting in Silver Colour Car and when they were intercepted and enquired one of them, identified himself as Victor and other two persons were also taken to custody along with Victor to the Office of NCB and when searched, Cocaine of 400 grams was found from accused No.1 and it was seized. It is stated that the petitioner-accused No.4 is in custody since 18.01.2019.

(3.) Learned Senior counsel appearing on behalf of the petitioner states that there has been no recovery from the accused and the story of prosecution is not believable as there is no sufficient material to show as to why the seizure has not been done when accused No.1 disembarked from the bus. It is also contended that the petitioner has been fixed in a false case, considering that there is another case against the petitioner. It is also contended that the role of accused No.3 is similar to that of accused Nos.2 and 4 and accused No.2 has been released by the order of trial Court dated 25.04.2019 and accused No.4 has been released as per the order dated 09.04.2019 in Crl.P.No.1332/2019 by this Court. Hence, the petitioner is also entitled to be enlarged on bail on the ground of principle of parity.