ORDER :

This petition seeking bail under Section 439 of Cr.P.C. is presented by accused No.2 in Special CC No.1197/2019 pending on the file of Special Judge for NDPS cases (XXXIII Addl. City Civil and Sessions Judge), Bengaluru.

2. The point involved in this case is, whether prayer for grant of bail under Section 167(2) of Cr.P.C. can be considered after the learned Trial Judge takes cognizance of offences alleged in the complaint filed under Section 36A of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short).

3. Heard Mr.Hashmath Pasha, learned Senior Advocate for the petitioner and Mr. Madhukar Deshpande learned Senior CGSC for the Narcotic Control Board (‘NCB’ for short).

4. Briefly stated the facts of the case are, petitioner is accused of several offences punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’ for short). He was arrested on 3rd May 2019 and produced before the Special Judge on 4th May 2019. Earlier he had moved a bail petition (Crl.P No.4448/2019) and the same has been dismissed by this Court on 11th October 2019.

5. This second petition is filed pleading inter alia that on completion of investigation, NCB have f