ORAL ORDER

Accused Nos.3, 5 & 6 in Spl.C.No.2292/2023 pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru arising out of NCB Crime No.48/1/17/2023/BZU registered by Narcotics Control Bureau, Bengaluru Zonal Unit for the offences punishable under Sections 8(c), 20(b)(ii)(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘NDPS’ Act) is before this Court seeking regular bail.

2. Heard learned counsel for the parties.

3. On the basis of the credible information received by the Junior Intelligence Officer of NCB on 25.04.2023, six persons who had arrived in Prashanthi express train bearing No.18463 in Coach No.S6 from Odisha were intercepted at KSR railway station, Bengaluru at about 11.45 a.m. and on enquiry, they informed that they were carrying Ganja in eight bags which they were holding. They allegedly also informed the officers that one Shilu Singh had asked them to carry the bags containing Ganja and deliver the same to him in Bengaluru and for the said purpose, he had paid a sum of Rs.5,000/- each to them. The contraband article allegedly Ganja totally weighing 44 Kgs. which the aforesaid six persons were carrying was seized and subjected to panchanama and thereafter, the seized contraband articles and the apprehended accused were brought to the office and FIR was registered against them for the aforesaid offences. Subsequently, they were produced before the Court and remanded to judicial custody. The investigation in the case is completed and a complaint is already filed before the jurisdictional Court. Petitioners are arrayed as accuse Nos.3, 5 and 6 in the charge sheet. Bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc. No.5655/2023 was rejected on 10.07.2023. Therefore, they are before this Court.

4. Learned counsel for the petitioners submits that petitioners have no criminal antecedents. Accused No.4 as against whom similar allegations are found in the charge sheet has been granted regular bail by this Court in Crl.P.No.1380/2024 on 21.06.2024. Accused No.3 is a lady. Accordingly, he prays to allow the petition.

5. Per contra, learned counsel for the respondent who has opposed the bail petition, however, does not dispute the submission made by the learned counsel for the petitioner.

6. From the perusal of the material on record it is seen that allegation as against petitioners herein and accused No.4 are identical. This Court has granted regular bail to accused no.4 in Crl.P.No.1380/2024 on the ground that there is no proper compliance of Sections 42 and 50 of the NDPS Act in the present case. The said reason assigned by this Court while granting regular bail to accused No.4 would be applicable even to the petitioner's case. Therefore, I am of the opinion that the petitioners prayer for grant of regular bail is required to answer affirmatively on the ground of parity.

7. Accordingly, the following:

ORDER

The criminal petition is allowed.

The petitioners is directed to be enlarged on bail in Spl.C.No.2292/2023 pending on the file of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, arising out of NCB Crime No.48/1/17/2023/BZU registered by NCB, Bengaluru Zonal Unit for the offences punishable under Sections 8(c), 20(b)(ii)(c), 28 and 29 of the NDPS Act, subject to the following conditions:

a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum (Out of which one surety shall be local surety), to the satisfaction of the jurisdictional Court;

b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioners shall not involve in similar offences in future;

e) The petitioners shall not leave the jur