- 1 - NC: 2025:KHC:5495 CRL.P No. 11803 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11803 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: ABHIRAM S S/O SHAJI, AGED ABOUT 26 YEARS, RESIDING AT PANTHAPALAVILA VEEDU, VAZHUTHOOR NEYYATINKARA, THIRUVANANTHAPURAM, KERALA-695 121. …PETITIONER (BY SRI. MUHAMMAD SHAMIL, ADVOCATE) AND: UNION OF INDIA NARCOTICS CONTROL BUREAU BANGALORE ZONAL UNIT 7/1-1, BANGALORE MAIN ROAD, PRIYANKA VILLAS, KATTIGENAHALLI, BANGALORE- 560 063. REPRESENTED THROUGH SPECIAL PP. …RESPONDENT (BY SRI. MADHUKAR DESHPANDE, ADVOCATE) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL NCB.F.NO.48/1/14/2022/BZU IN SPL.C.C.NO.600/2023 BEFORE THE COURT OF THE XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR NDPS ACT AT BENGALURU, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 8(c) R/W 20(b)(ii)(c), 27, 27(A), 28 AND 29 OF NDPS ACT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:5495 CRL.P No. 11803 of 2024 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner, learned counsel appearing for respondent/NCB and perused the material on record. 2. Petitioner is seeking to enlarge him on bail in connection with a case registered by respondent/NCB in NCB.F.No.48/1/14/2022/BZU, pending in Spl. C.C. No.600/2023 on the file of Court of the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Act, at Bangalore. 3. Brief facts of the case are that, on the basis of a credible information received on 14.6.2022 at around 17.45 hours, that one Vishnu @ Ganesh Kumar, along with two other persons have procured 80 Kgs. of Ganja at Kakinada and they are transporting it in a white colour CIAZ car bearing registration No.KL-60-K-2040 and will be delivering it to one Sainul Abid, MGR Nagar, Gudalur near Nethaji Nagar, 1st main road, Kempapura, Bengaluru, - 3 - NC: 2025:KHC:5495 CRL.P No. 11803 of 2024 between 9.30 to 10.30 a.m. on 15.6.2022, the complainant, Junior Intelligence Officer, NCB, Bengaluru, taking permission from the superior officers, constituted a team equipped with DD Kits and other necessary equipments required for search and seizure proceedings, went along with his staff members to Hebbal Circle and mounted surveillance and identified the suspected vehicle coming from Yeshvanthapur side and moving towards Hebbal. When they tried to follow the said vehicle, suddenly the driver of the said vehicle drove the vehicle very fast and therefore, they could not follow. At around 10.30 hours, the said suspected vehicle was found abandoned near fair Galaxy, # 4 and 5, 1st Cross, Netajinagar, Kempapuram, Hebbal. The NCB team informed the jurisdictional police and secured independent panchas and in their presence, when the car was thoroughly searched, it was found in the dicky of the car there were 3 plastic gunny bags and 2 cotton bags, in which flowering and fruiting tops of cannabis plant were concealed. A total quantity of 81.170 Kgs. of contraband - 4 - NC: 2025:KHC:5495 CRL.P No. 11803 of 2024 (Ganja) as well as the vehicle bearing registration No.KL-60-K-2040 were seized under a mahazar. 4. It is the further case of prosecution that on 24.7.2022, NCB, Zonal Unit seized 65.540 Kgs. of ganja at Vandalur By-pass road, near Red Hills area, Chennai and in that connection a case was registered in case No.9/2022 against one Vishnu V. S/o Vijayan and two other accused namely Vipin Raj P.V. and Mithun, who are all residents of Kerala. The said accused were arrested and sent to judicial custody. 5. According to prosecution, accused by name Vishnu V., during interrogation revealed the name of the petitioner herein as the Kingpin. He was arrested by NCB, Chennai Zone. On the basis of statement of Vishnu, petitioner was taken under body warrant on 18.12.2022 and he has been remanded to judicial custody. 6. Learned Spl. Prosecutor appearing for respondent/NCB has filed statement of objections. He contended that the accused persons, including the - 5 - NC: 2025:KHC:5495 CRL.P No. 11803 of 2024 petitioner are involved in inter-state trafficking of contraband and in the present case they were trying to traffick 81.170 Kgs. of ganja, which is a commercial quantity. The accused have abandoned the car on seeing the NCB officials. The Car as well as contraband have been seized. As per FSL report, the sample collected has been tested positive for cannabis. He, further contended that in the voluntary statement of accused No.2-Vishnu V., he has confessed about drug trafficking and the petitioner has admitted that he arranged the white car and planned to procure ganja from one Shiva @ Shiva Prasad along with accused No.2 Vishnu V. Learned Spl. Prosecutor, further contended that the petitioner is a habitual offender involved in multiple offences. He has criminal antecedents. Accused No.1-Sainul Abid is still absconding and therefore, if the petitioner is released, there are chances of petitioner fleeing away from justice and commit similar offences along with the absconding accused. - 6 - NC: 2025:KHC:5495 CRL.P No. 11803 of 2024 7. Learned counsel for the petitioner has contended that the petitioner is innocent and he has been falsely implicated in this case. Neither in the present case nor in the case registered in Chennai, any recovery of the contraband is effected from the petitioner, on the other hand, only on the voluntary statement of the co-accused, he has been arraigned as an accused. He contended that the procedure contemplated under law has not been followed while conducting seizure mahazar and the credible information said to have been received has not been reduced into writing. He, further contended that the petitioner is neither the owner of the car which was seized nor the statement of one Jose, who had purchased the Car from one Rasheed inculpate the petitioner. He contended that the petitioner is in judicial custody for the last two years. He is ready and willing to abide by any conditions which may be imposed. Accordingly, sought to allow the petition. - 7 - NC: 2025:KHC:5495 CRL.P No. 11803 of 2024 8. In this case, the NCB officials are said to have seized commercial quantity of ganja weighing 81.170 kgs. from an abandoned CIAZ car bearing registration No.KL-60-K-2040 on 14.6.2022. The said contraband seized from the car has tested positive for cannabis, as per FSL report. However, it is to be noted that the accused were not arrested from the spot. It is the case of prosecution that the registered owner of the car was one Rasheed, as per documents collected. Even though the contraband was seized on 14.6.2022, complaint came to be filed by the NCB on 3.3.2023. From the complaint averments, it is seen that one more car was found abandoned at Vandalur by-pass road, near Red Hills area, Chennai on 24.7.2022 and on search, 65.540 kgs. of ganja was found in the said car. In that connection, one Vishnu V S/o Vijayan and two others namely Vipin Raj P.V. and Mithun were arrested. According to prosecution, the said accused in their voluntary statement have confessed to have committed the offence along with the petitioner. - 8 - NC: 2025:KHC:5495 CRL.P No. 11803 of 2024 9. Learned counsel for the petitioner has drawn the attention of the Court to the statement of one Jose recorded under Section 67 of the NDPS Act. He is said to be the purchaser of white CIAZ car from the registered owner by name Rasheed. Similarly, the statement of one Jibin, said to be the person to whom the said car was handed over by Jose. In both the statements, they have not named the petitioner. Hence, at this stage, the contention of the learned Spl. Prosecutor appearing for NCB that the petitioner arranged white CIAZ car on 14.6.2022 and he had planned to procure ganja from a person by name Shiva along with accused No.2, does not stand. Apart from the voluntary statement of the accused, there are no other materials against the petitioner to detain him in custody. 10. Learned SPl. Prosecutor appearing for NCB has contended that the call detail records of the accused collected during investigation reveal that there are constant calls exchanged between the petitioner and - 9 - NC: 2025:KHC:5495 CRL.P No. 11803 of 2024 accused No.1. However, calls exchanged between the two by itself is sufficient to deny the relief of bail to the petitioner as the same does not incriminate the petitioner. 11. Admittedly, there is no contraband recovered from the petitioner. Based on the confession statement of the co-accused as well as the petitioner, the prosecution has arraigned him as an accused in the case. The allegations have to be proved during trial. The petitioner has undertaken to furnish adequate surety for his release on bail. Hence, by imposing necessary conditions, the relief sought by the petitioner can be granted. Accordingly, the following: ORDER Petition is allowed. Petitioner / accused No.3 in NCB.F.No.48/1/14/2022/BZU, registered by NCB, pending in Spl.C.C.No.600/2023 on the file of the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge - 10 - NC: 2025:KHC:5495 CRL.P No. 11803 of 2024 for NDPS Act, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only), with two sureties, out of which one shall be a local surety to the satisfaction of the jurisdictional Court. 2. He shall furnish his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL/List No.: 1 Sl No.: 19 Ct:ar