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IN THE HIGH COURT OF KARNATAKA BENGALURU

DATED THIS THE 17^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO.131 OF 2021

BETWEEN:

MOHAMMAD AZARUDEEN M.E.

S/O SUHRA V.M,

AGED ABOUT 25 YEARS,

R/AT PADDIKKAL HOUSE,

THEKKERPPURAM, ANJANUR,

KASAROD,

KERALA - 671 316.

...PETITIONER

(BY SRI. M.R.C. MANOHAR, ADVOCATE)

AND

UNION OF INDIA,

NARCOTICS CONTROL BUREAU,

BANGALORE ZONAL UNIT,

REPRESENTED BY SPP,

HIGH COURT BUILDING,

BENGALURU - 560 001.

...RESPONDENT

(BY SRI. MADHUKAR DESHPANDE, CGSC)

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This Criminal Petition is filed under Section 439 of Cr.P.C.

praying to enlarge the petitioner on bail in Spl. C.C No.286/2020 for

the offences punishable under Sections 8, 28, 29 of NDPS Act.

This Criminal Petition coming on for Orders this day, the

Court made the following:

O R D E R

This is a successive bail petition filed under Section 439 of Cr.

P.C by petitioner/ accused No.1 to enlarge him on bail in a case

registered by the respondent in NCB F No.48/1/1/2020/BZU.

Chargesheet has been filed for offences punishable under Sections

8(c), 8A r/w Sections 22, 23, 25, 27A, 27B, 29 and 32B(a) of NDPS

Act.

2.

This Court in Crl.P No.1685/2020 vide order dated

12.10.2020 has dismissed the petition filed by the present

petitioner/ accused No.1, after considering the merits of the case.

3.

The contention of learned counsel for petitioner is as

under:

All the accused were apprehended from room No.401, 4^th

Floor, Tripura Delux Luxury Rooms/ Service Apartment, Krishnappa

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Layout, Sanjay Nagar, Bengaluru. The said room was not booked in

the name of present petitioner. The alleged contraband has been

seized from the said room, which is booked in the name of accused

No.2. The said accused has been enlarged on bail by this Court. The

contraband seized from the car bearing registration No.KA-60-P-

3876 also does not belong to the present petitioner. On the other

hand it belongs to accused No.2. There is no material to show that

the petitioner is a drug peddler and that if he is released on bail, he

may again indulge in similar type of criminal activities. Petitioner

was arrested on 09.01.2020 and he is in judicial custody since then.

Now the investigation is completed and chargesheet has been filed.

Accused Nos.2 to 4 are granted bail and therefore the present

petitioner is also entitled for the relief on the ground of parity.

Petitioner is ready and willing to abide by any conditions that may

be imposed by the Court. Accordingly, seeks to allow the petition.

4.

Learned counsel appearing for respondent has opposed

grant of bail to the petitioner and made available the entire set of

chargesheet in Volume I to III.

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5.

Heard the learned counsel for petitioner and learned

HCGP for respondent – State and perused the material on record.

6.

This Court in Crl.P No.1685/2020 after considering the

entire facts and circumstances of the case and assigning reasons

has rejected the bail petition of the petitioner. The said order was

passed after completion of investigation and filing of the

chargesheet.

7.

Material on record disclose that on 07.01.2020 at about

12.30 p.m on receiving a credible information that persons residing

at hotel namely Tripura Deluxe situated at Sanjay Nagar were

dealing in drugs and in possession of drugs, the officers attached to

the respondent/ NCB along with the panch witnesses went to the

said hotel and conducted a raid in room No.401 where accused

Nos.1 to 3 were present. Material on record further disclose that it

was this petit