IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF OCTOBER, 2020

BEFORE

THE HON9BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.5133/2020

BETWEEN:

Shameer K.M.,

Son of Muhammed

Aged about 42 years

Residing at Kuruvakodan-

Thakarappadi

Munthanga Post,

Noolpuzha, Sulthan Bathely

Wayanad, Kerala 673 592.

...Petitioner

(By Smt. Lakshmishree, Advocate)

AND:

The Union of India

By IO Narcotics Control Bureau

Bangalore Zonal Unit,

Bengaluru

Rep by SPP High Court of Karnataka

Bengaluru 3 560 001.

...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 NCB

F.NO.48/1/03/2019 BZU in Spl.C.C.No.1106/2019 for

the offence P/U/S 8(c) R/w 20 (b) (ii) (C), 21 (b) 22(c),

27A, 27B, 28 and 29 of the NDPS Act, 1985 and also

offences P/U/S 8, 12, 20, 24, 27A, 28, 29 & 30 of NDPS

Act.

This Criminal Petition coming on for orders

8through Video Conference9, this day, the Court made

the following:

O R D E R

This present petition has been filed by the

petitioner 3 accused No.9 under Section 439 of Cr.P.C to

enlarge him on bail in NCB F.NO.48/1/03/2019 BZU in

Spl.C.C.No.1106/2019 for the offence P/U/S 8(c) R/w 20

(b) (ii) (C), 21 (b) 22(c), 27A, 27B, 28 and 29 of the

NDPS Act, 1985 and also offences P/U/S 8, 12, 20, 24,

27A, 28, 29 & 30 of NDPS Act.

2.

I

have

heard

learned

counsel

Smt. Lakshmishree, for the petitioner 3 accused No. 9

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virtually and learned CGSC Sri. Madhukar Deshpande for

respondent3 State.

3.

The

brief

facts

of

the

case

in

Crl.P.

No.4462/2019 are as follows:

<On 22.03.2019, on the basis of credible

information, the respondent-NCB team has

arrested accused Nos.1 and 2, who were

about to travel Doha by Oman Airways and

seized 965 gm. of amphetamine, 30 gms. of

cocaine and 4.525 kg. of hashish from the

possession of the accused Nos.1 and 2. The

petitioner Nos.1 & 2 are arraigned as accused

Nos.3 and 4 in NCBF No.48/1/3/2019/BZU

(CIS No.288/2019) for the offence punishable

under Sections 8(c) read with 20(b), 21, 22,

28 and 29 of NDPS Act. It appears, on the

basis of voluntary statement of accused No.1,

these two petitioners (A3 & A4) were nabbed

by the respondent-police. However, there is

absolutely no recovery of narcotic drugs at the

instance of these two petitioners (A3 & A4). It

is only on the basis of voluntary statement of

accused No.1 and also on identification of the

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photographs of the petitioners (A3 & A4) by

accused No.1 & 2, these petitioners have

been arrested and they have also in their

voluntary statement have stated that, they

have committed the said alleged offences=.

4.

It is submitted by the learned counsel for

petitioner-accused, only on the basis of the voluntary

statement said to have been given by other accused

persons, accused No. 9 has been implicated in this case.

She further submits that already accused Nos.3 to 8

have been released on bail by co-ordinate Bench of this

Court. On the ground of parity the petitioner-accused

No.9 is also entitled to be released on bail. She further

submits that no serious overtacts or allegations have

been made as against the petitioner-accused No.9 and

no material has been recovered from the possession of

the petitioner-accused No.9. The only allegation which

has been made as against petitioner-accused No.9 is

that he used to facilitate the accused Nos. 1 and 2 for

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carrying drugs to Khatara and to other places. Under the

facts and circumstances, she prays that petitioner is

ready to abide by the conditions that may be imposed

by this Court and ready to offer sureties and he may be

released on bail.

5.

Per contra, learned CGSC vehemently argued

and submitted that accused Nos.1 and 2 are carrying the

drugs and accused No.9 is making arrangements to

facilitate to carry the drugs by booking the tickets

through Airl