IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF OCTOBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.1641 OF 2020 C/W.

CRIMINAL PETITION NO.1685 OF 2020

IN CRIMINAL PETITION NO.1641 OF 2020:

BETWEEN:

Shri Asif Puthan Purayil

S/o. Late Mohammad Ali

Aged about 26 years

R/at Puthan Purayil

Baniyambara, Khanhangad

Kasaragod – 671 316. ... Petitioner

(By Sri. T.Prakash, Advocate)

AND:

State by Intelligence Officer

Narcotics Control Bureau

Bangalore Zonal Unit

Rep. by Additional Solicitor General of India

High Court Building – 560 001. ... Respondent

(By Sri. Madhukar Deshpande, Sr. CGSC)

This Criminal Petition is filed under Section 439 of

Cr.P.C., praying to enlarge the petitioner on bail in the

NCB.F.No.48/1/1/2020 BZU for the offence P/U/S. 8, 28,

29 of NDPS Act.

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IN CRIMINAL PETITION NO.1685 OF 2020:

BETWEEN:

Shri Mohammad Azarudden M.E.

S/o. Suhra V.M.

Aged about 24 years

R/at Padikkal House

Thekkerppuram Ajanur

Kasargod – 671 316. ... Petitioner

(By Sri. T.Prakash, Advocate)

AND:

State by Intelligence Officer

Narcotics Control Bureau

Bangalore Zonal Unit

Rep. by Additional Solicitor General of India

High Court Building – 560 001. ... Respondent

(By Sri. Madhukar Deshpande, Sr.CGSC)

This Criminal Petition is filed under Section 439 of

Cr.P.C., praying to enlarge the petitioner on bail in the

NCB.F.No.48/1/1/2020 BZU for the offence P/U/S. 8, 28

and 29 of NDPS Act.

These Criminal Petitions coming on for Orders

through video conference this day, the Court made the

following:

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O R D E R

Crl.P.No.1641/2020

has

been

preferred

by

petitioner/accused No.2 and Crl.P.No.1685/2020 has

been preferred by petitioner/accused No.1 under

Section 439 of Cr.P.C. to release them on bail in

NCB.F.No.48/1/1/2020/BZU

for

the

offences

punishable under Sections 8(c), 8A read with Sections

22, 23, 25, 27A, 27B, 29, 32B(a) of NDPS Act (pending

on the file of XXXIII Additional City Civil and Sessions

Judge and Special Judge, Bengaluru).

2.

I

have

heard

the

learned

counsel

Sri. T. Prakash for petitioners/accused Nos.1 and 2

virtually and learned Senior CGSC Sri. Madhukar

Deshpande for the respondent.

3.

The case of the prosecution in brief is that

on 07.01.2020 at about 12.30 p.m., on receiving a

credible information that two persons residing at a hotel

Tripura Deluxe were dealing with the drugs, necessary

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information was given to the superior officers, panchas

were secured and the officers went to the said hotel and

made a raid in room No.401 and they found a brown

colored bag which was placed on a small table near the

bed, accused No.1 opened it and took out a white

colored tiffin box, envelope and on being opened it, four

to five coloured polythene pouches were found filled

with white crystalline substances and accused No.1

disclosed

that

it

was

methamphetamine.

The

contraband from all of the pouches were same in

colour/texture; smell etc. It was taken out from the

pouches and placed in a single polythene and mixed

homogeneously and on being weighed it was found 500

gms and after taking the samples of 5 gms each, a

mahazar has been drawn and a case has been

registered and accused persons were arrested.

4.

It is the submission of the learned counsel

for petitioners/accused Nos.1 and 2 that already

accused No.3 has been released by Co-ordinate Bench

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in Crl.P.No.1570/2020 by order dated 17.06.2020 and

on the ground of parity, petitioner/accused No.2 is

entitled to be released on bail. It is his further

submission that the quantity of the charas which is said

to have been seized is one kg and subsequently, the

chemical report has been obtained through the letter

dated 06.05.2020 and the percentage of THC is only

0.3.8% it will be considered