O R D E R

The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C., in File No.GEN/INV/OTH/117/2021-HPU of Inspector of Customs, Headquarter Preventive Unit (HPU), Bengaluru City Customs, pending in Spl.CC No.933 of 2022 on the file of the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases, Bengaluru, registered for the offences punishable under Sections 8(c), 22(c), 23(c), 27, 28 and 29 of Narcotic Drugs Psychotropic Substances Act, (for short 'NDPS Act').

2. Brief facts of the case are that, a parcel arrived in the Foreign Post Office, Chamarajpet, Bengaluru. The Superintendent of Customs suspected that the parcel may contain banned substance. Therefore, the same was opened in the presence of two independent witnesses and it was containing a plastic packet with 1120 paper strips weighing 15 grams, which appeared to be LSD. Sample strip was randomly picked and examined by using the drug detection kit, which gave positive result and prima-facie it appeared all the strips to be LSD. The same were seized under the mahazar. The sample LSD strips were also seized.

3. It is stated that since the parcel was addressed to the consignee by name Madan M, with his address, in order to intercept the actual addressee of the parcel in question, a dummy parcel with same article No.RR485422921PL, with name and address of the consignee was dispatched from the Foreign Post Office, Chamarajpet, Bengaluru, in the name of Madan M. Since the address was within the Horamavu Agara Post Office, the dummy parcel was sent there for delivery to the consignee. Even though there was no proper address to locate the addressee, it is believed that the actual consignee would come to collect the parcel from the post office. Accordingly, it is stated that the petitioner came to Horamavu Post Office and enquired about the parcel and collected it. The postman cautioned the Custom Officers who immediately questioned the petitioner and the dummy parcel which was in his custody, which he claimed as Madan M, was seized under the mahazar. Thus, it is the contention of the prosecution that the petitioner posing himself as Madan M, consigned the parcel from Poland and collected it from Horamavu Post Office. However, the petitioner contends that his name is Nihaal S and he came to the post office to collect the parcel as per the instructions of his friends by name Madan M and Melford Layborne and also informed that they were in Goa at that time. The investigation was undertaken after apprehending the petitioner and the complaint came to be filed alleging the commission of offences as stated above against the petitioner.

4. Heard Sri Hashmath Pasha, learned senior advocate for Sri N A Kariappa, learned counsel for the petitioner and Sri K Chidananda, learned Special Public Prosecutor for the respondent-State. Perused the materials on record.

5. Learned senior advocate for the petitioner contended that the petitioner is the sole accused. He is innocent and has not committed any offences as alleged. He has been falsely implicated in the matter without any basis. He was apprehended on 23.10.2021 and since then, he is in judicial custody. After investigation, the charge sheet is already filed. The consignment was addressed to Madan M and the petitioner is not the consignee to whom the parcel was addressed. He had gone to the post office at the instance of the consignee i.e., Madan M and one Melford Layborne.

Therefore, no offence is made out against the petitioner. 6. Learned senior advocate submitted that the seized contraband is not of commercial quantity. Even though, it is stated that the consignment was containing 1120 strips of LSD, as per the recommended methods for testing Lysergide (LSD), issued by the United Nations, Division of Narcotic Drugs, Vienna, Typical dose of only 30-50 micrograms of LSD would be present in each strip and therefore, only such quantity of 30-50 micrograms per strip is to be take