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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28^TH DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.1305 OF 2021

CONNECTED WITH

CRIMINAL PETITION NO.4159 OF 2021

IN CRL.P. NO.1305 OF 2021:

BETWEEN:

RIJESH RAVINDRAN

S/O. KOLLAIKAL RAVINDRAN,

AGED ABOUT 37 YEARS,

RESIDING AT NIKOO HOMES,

TOWER NO.5, CHOKKANAHALLI VILLAGE,

JAKKUR,

BENGALURU NORTH TALUK 3 560 064.

N/O: PAVITHRAM, PATTIARAMBU,

THIRUWIWAMALA,

TRISSUR 3 680 588.

... PETITIONER

(BY SRI HASHMATH PASHA, SENIOR COUNSEL, ALONG WITH

SRI NASIR ALI, ADV.)

AND:

UNION OF INDIA

NARCOTIC CONTROL BUREAU,

BENGALURU ZONAL UNIT,

BENGALURU 3 560 063,

REPRESENTED BY SPECIAL PUBLIC PROSECUTOR.

... RESPONDENT

(BY SRI MADHUKAR DESHPANDE, SPL.P.P.)

* * *

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CRIME NO.NCB FILE NO.48/1/14/2020/BZU REGISTERED BY

THE NARCOTICS CONTROL BUREAU, BENGALURU, FOR THE

OFFENCES

PUNISHABLE

UNDER

SECTION

8

READ

WITH

SECTIONS 22, 27A, 28 AND 29 OF THE NDPS ACT.

IN CRL.P. NO.4159 OF 2021:

BETWEEN:

GERALD PRAVEEN KUMAR

S/O. LATE IRUTHAYA RAJAN,

AGED ABOUT 28 YEARS,

RESIDENT OF NO.200/1A, 3^RD MAIN,

1^ST CROSS, BHUVANESHWARI NAGAR,

C.V. RAMAN NAGAR POST,

BENGALURU 3 560 093.

& PETITIONER

(BY SRI ROHAN KOTHARI, ADV.)

AND:

UNION OF INDIA

THROUGH THE NARCOTICS CONTROL BUREAU,

BENGALURU ZONAL UNIT,

7/1 AND 2 PRIYANK VILLAS,

KATTIGENEHALLI, BAGLUR MAIN ROAD,

YELAHANKA, BENGALURU 3 560 063,

REPRESENTED BY SPECIAL PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU 3 560 001.

... RESPONDENT

(BY SRI MADHUKAR DESHPANDE, SPL.P.P.)

* * *

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CRIME NO.NCB F.NO.48/1/14/2020/BZU (NOW RENUMBERED AS

SPECIAL

CASE

NO.159

OF

2021)

REGISTERED

BY

THE

NARCOTICS

CONTROL

BUREAU,

BENGALURU,

FOR

THE

OFFENCES PUNISHABLE UNDER SECTION 8(C) READ WITH

SECTIONS 22, 27 AND 29 OF THE NDPS ACT.

THESE CRIMINAL PETITIONS HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 13-7-2021 AND COMING ON FOR

PRONOUNCEMENT, THIS DAY, THE COURT PRONOUNCED THE

FOLLOWING:

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O R D E R

Criminal Petition No.1305 of 2021 is filed by

accused No.3 and Criminal Petition No.4159 of 2021

is filed by accused No.9 under Section 439 of the Code

of Criminal Procedure, 1973, (for short, 8the Cr.P.C.9) for

granting

regular

bail

in

Crime

No.NCB

F.No.

48/1/14/2020/BZU registered by the Narcotics Control

Bureau, Bengaluru (for short, 8NCB9) for the offences

punishable under Section 8(c) read with Sections 22, 27A,

28 and 29 of the Narcotic Drugs and Psychotropic

Substances Act, 1985 (for short, 8NDPS Act9) pending on

the file of XXXIII Additional City Civil and Sessions Judge

and Special Judge (NDPS), Bengaluru.

2. Heard the arguments of Sri Hashmath Pasha,

learned Senior counsel for the petitioner-accused No.3 in

Criminal Petition No.1305 of 2021, Sri Rohan Kothari,

learned counsel for the petitioner-accused No.9 in

Criminal Petition No.4159 of 2021 and Sri Madhukar

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Deshpande, learned Special Public Prosecutor for the

respondent-NCB.

3. The case of the prosecution is that on 21-8-2020

at 5.50 p.m., Intelligence Officer of the NCB received

information that one Mohammed Anoop-accused No.2

residing in Room No.205-206 of Royal Suites Hotel

Apartments, Situate at Kalyan Nagar, Bengaluru, has

purchased 100 grams of MDMA pills. Accordingly, the

NCB raided the said room and found 60 grams of MDMA

pills and seized the same under panchanama on

21-8-2020 between 10.10 p.m. and 10.10 a.m. and

arrested accused No.2. On enquiry, he revealed that 40

grams of MDMA pills is given to accused No.3, the

petitioner

in

Criminal

Petition

No.1305

of

2021.

Subsequently, during investigation, the NCB also arrested

accused No.1 and accused No.9, the petitioner in