MARWAN FAISAL MOHAMMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/accused No.4 under Section 439 of Cr.P.C., seeking to release him on regular bail in Crime No.NCB.F.No.48/1/1/2019/BZU of Narcotics Control Bureau, Bangalore Zonal Unit, Bengaluru registered for the offences punishable under Sections 8(C) read with Sections 21 and 29 of NDPS Act.

(2.) I have heard the learned Senior Counsel Sri.Hashmath Pasha for the petitioner and the learned Special Public Prosecutor for respondent-State.

(3.) The gist of the complaint is that on 17.01.2019 at about 11.30 a.m., complainant received credible information that one Nigerian National by name Omoibe @ Iryan is traveling from Mumbai to Bengaluru in SRS Travels by carrying cocaine and she is likely to get down at Kalasipalyam Bus Stand, Bengaluru. The complainant registered a case and while the search team went to Nelamangala bus stand and got into the bus and by informing the conductor and driver they traveled up to Kalasipalyam bus stand and there they apprehended the said lady. On enquiry she told that she is carrying cocaine to one Victor and his two associates who are waiting near KFC of Kammanahalli, Bengaluru in a silver colour car. From there the complainant took her along with the search team where the silver colour car was located. There were 3 African men sitting in the said car. They apprehended them and all the 4 persons were taken to NCB office and they checked the packets containing the cocaine with accused No.1 and it was weighed and it was contained 400 grams of cocaine and a mahazar was drawn and accused/petitioners were apprehended and thereafter they even remanded to judicial custody.