ORDER :

1. This Criminal Petition is filed by accused No.1 in connection with NCB No.48/1/7/19/BZU for the offence punishable under Section 8(3) read with Section 22(c), 23, 28 and 29 of the NDPS Act.

2. Heard the learned counsel appearing for the parties and perused the records.

3. The brief facts of the prosecution case are that:

On the basis of a credible information received by the respondent on 13.55 hours, on 15.6.2019, by one Kamlesh Kumar the Investigating Officer to the effect that the main accused person by name Abu Thahir B. @ Abdu, the petitioner herein along with his associate Mohammad Afzal, likely to arrive in the Bengaluru International Airport. It is also alleged that they will handover a shoulder bag to a lady at the Airport. The shoulder bag contain Methamphetamine concealed inside the whisper pads. The information also revealed that the above persons are coming in a red colour Swift VDO car bearing registration No.KA-30/9810 with one or two other persons. If the car is intercepted, along with other persons drug can be recovered, offenders can be apprehended. Therefore, on registration of a case on 15.6.2019 after receiving the information, the same was informed to the official superiors and the Investigating Officer went to apprehend the accused persons.

4. It is the further case of the prosecution that the NCB Team, went to the Airport at 18.15 hours and found red colour swift car and intercepted the same and thereafter, they found the accused petitioner and other persons along with a lady called by name Kushbu sharma and enquired them and found that the petitioner was carrying a shoulder bag. It is also alleged that they searched the bag after entering a particular house, where the other Narcotic drugs are stored on disclosure of such fact, the police had gone to the house which was located in Austin Town Bengaluru. After entering into the house, the petitioner was asked to un-zip the shoulder bag carried by him, on un-zipping, a pack of green coloured whisper ultra clean pad was taken out and opened, it contained 22 sanitary pads. All the pads are opened and found all the pads polythene pouches containing white crystalline substance called, met amphetamine. They have also conducted a preliminary test for drug detection with the help of their kit. They found that the net weight was found to be 510 grams after taking sample of 5 grams, the same was sealed and seized. Thereafter, a pack of orange coloured whisper choice was taken out from the shoulder bag and it was found containing 5 sanitary pads again from that they found some polythene pouches containing some 572 capsules and these capsules were found to be 'Pfizer PGN 150' and after taking samples the said capsules were seized. Thereafter, they also went inside the house, searched the house and found a big, black polythene cover found was weighed and found to be 13.680 kgs of Hashish. Two representative samples each of 24 grams were drawn from this buik contraband and the same were separately packed, sealed with NCB Bengaluru and was marked as Ex.P4. After that, a plastic container was opened and it was found to be filled with black coloured sticky liquid substance giving stringent odour. On enquiry, the petitioner and other accused identified it as Hashish oil which was found weighing 2.850 grams put it in small bottles. Sample was also taken and remaining was sealed and seized. They also found another big black colour polythene bag containing dark green colour leaves and floral parts which were identified as Ganza found weighing 9.050 kgs. And the same was also seized on further searching one white polythene cover was found containing white crystalised substance and on being tested they found Methamphetamine which was weighed and found to be 330 grams in net. After taking out the sample, the remaining 320 grams was seized and sealed. Thereafter, a trolly bag of brown colour was opened and it was found filled with Lyrica capsules of 150 mg. Some of the Lyr