ORAL ORDER

Accused in Spl.C.C.No.1440/2024 pending before the Court of XXXIII Addl. City Civil & Sessions Judge & Special Judge (NDPS), Bengaluru, arising out of NCB Crime No.48/1/4/2024/BZU registered by Narcotic Control Bureau, Bangalore Zonal Unit, Bengaluru for the offences punishable under Sections 8(c) R/w Section 22(c), 27, 28 & 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'NDPS' Act) is before this Court seeking regular bail.

2. Heard the learned counsel appearing for the parties.

3. On the basis of credible information received by the officer of NCB, that a parcel which had arrived in the name of Avinash was suspected to contain contraband article, a team was constituted by the officers of NCB, Bengaluru Unit for verifying the suspected parcel and the said team followed the postman who was supposed to deliver the suspected parcel to the addressee and on 02.02.2024 when the parcel was delivered to a person known as Shoaib Ali (Accused No.1), the officers intercepted him and on enquiry he revealed that he was a friend of Avinash and the parcel was received by him on behalf of Avinash. When the suspected parcel was cut open by the NCB team, in the presence of Shoaib Ali and other panch witnesses, it was found that parcel contained 20 blot LSD which totally weighed 0.48 grams. During the course of investigation, Shoaib Ali appears to have made a statement that parcel was booked by the petitioner in the name of Avinash, who is a fictitious person and Shoaib Ali was instructed to collect the said parcel. Based on the statement made by Shoaib Ali under Section 67 of the NDPS Act, the petitioner was arrested on 08.07.2024 and subsequently remanded to judicial custody. Investigation in the case is complete and complaint has been already filed before the Trial Court as against three persons. The petitioner herein is arraigned as accused No.3 in the complaint.

4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.6542/2024 was dismissed on 06.08.2024.

Therefore, he is before this Court.

5. Learned counsel for the petitioner submits that the petitioner has no criminal antecedents. Except the statement of accused No.1 recorded under Section 67 of the NDPS Act, there is no other material to connect the petitioner to the crime. There is no recovery of any contraband article from the possession of the petitioner. Investigation in the case is completed. Accordingly, he prays to allow the petition.

6. Per contra, learned counsel for respondent who has filed his statement of objections has opposed the petition. However, he does not dispute the fact that except the confession statement of accused No.1, there is no other material available against the petitioner to connect him to this crime. Accordingly, he prays to dismiss the petition.

7. As per the prosecution case, the suspected parcel, which had arrived in the name of Avinash was collected by accused No.1 Shoaib Ali. The address mentioned in the suspected parcel is of Shoaib Ali. According to prosecution, Shoaib Ali during the course of interrogation has stated that the suspected parcel was booked in the name of Avinash by the petitioner herein but except the said statement of accused No.1 which was recorded under Section 67 of the NDPS Act, the prosecution has failed to collect any other material to connect the petitioner to the crime. Undisputedly, the petitioner has no other criminal antecedents.

8. The Hon'ble Supreme Court in the case of TOOFAN SINGH V STATE OF TAMILNADU - AIR 2020 SC 5592 has held that the statement made under Section 67 of the NDPS Act is not admissible evidence. Investigation in the case is completed and final report has been already filed.

9. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

10. Accordingly, the following:

ORDER

The petitioner is directed to be enlarged