1. This petition is filed by the petitioner/accused No. 1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 8(C) read with Section 20(b), 21, 23 and 28 of Narcotic Drugs and Psychotropic Substances Act, 1985, registered in respondent – NCBF No. 48/1/2/2016BZU.

2. Brief facts of the prosecution case that on the credible information on 08.02.2016 at 06.00 hours that the petitioner having passport bearing No. P0021840 is carrying a huge quantity of Cocaine and coming from Abudhabi to Kempegowda International Airport Bangalore through Eithad Air Ways flight No. EY 286 on 08.02.2016. Accordingly, a team of Officers from NCB, Bangalore Zonal Unit proceeded to Airport on 08.02.2016 and approached two persons and told them about the information regarding drug trafficking and they were requested to be witnesses for the entire panchanama proceedings, for which they agreed. Then the NCB team along with the witnesses proceeded to International Arrival Immigration area of Airport. At about 8.40 am a person of Namibian origin aged around 38 years came to International Arrival Immigration Area with one hand baggage. The passport is verified with information and found to be tallied as P0021840. Then the officer of the NCB intercepted the person and introduced himself as Intelligence Officer of NCB by showing his Identity Card and introduced the panchas. The NCB Officer informed about the secret information to the petitioner and the NCB officers asked petitioner about his name and his identity. Then NCB Officers expressed their intention to conduct his personal search and search of his baggage for which the petitioner gave his consent. Then the NCB Officers served notice under Section 50 of NDPS Act to petitioner and explained to him that he has legal right to ask for his search to be conducted in the presence of Gazetted Officer or Magistrate to which he declined and gave in writing that, any present NCB Officer can take his search. During his personal search, one capsule containing 17 grams of Cocaine was seized. The petitioner informed the officials that he is carrying several Capsules of Cocaine in his stomach and complained of stomach pain. He was immediately taken to a Doctor at the airport who advised to shift him to City Hospital. He was immediately taken to Victoria Hospital, Bengaluru, in ambulance immediately where the Doctors examined him and conducted his body scan. As per scan report, there were several capsules inside his body. Further 1185 grams of Cocaine from 69 capsules was recovered from his stools at the Hospital and thereafter, petitioner was examined under Section 67 of NDPS Act by respondent and gave his voluntary statement by admitting that he had the knowledge and he is involved in drug trafficking and the NCB officials arrested the petitioner on 11.02.2016 at about 22.00 hours for contravention of the Provisions of Section 8(c), read with Section 21, 23 and 28 of NDPS Act 1985, and produced him before the XXXIII Addl. City Civil and Sessions Judge and Spl. Judge (NDPS), Bengaluru, in 48/1/2/2016BZU (CIS. Crime No. 101/2016) and the said court remanded the petitioner to judicial custody and since then he is in judicial custody.

The petitioner sought for his release on bail on the grounds as mentioned at ground Nos.7 to 21 in the bail petition.

3. The prosecution opposed the petition by filing the objection statement. The respondent-NCB seriously objected the release of the petitioner on bail contending that the petitioner/accused has been arrested with 1.202 Kgs of Cocaine for which the minimum punishment is 10 years of rigorous imprisonment. Petitioner will try all his efforts to avoid the prosecution/trial by intimidating the witnesses, tamper with the evidences and again indulge in drug trafficking/smuggling and other illegal activities. The petitioner was traveling for the first time on his passport No. P0021840, on verifying about his details from the FRRO, it