- 1 - HC-KAR NC: 2025:KHC:29701 CRL.P No. 7889 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7889 OF 2025 BETWEEN: SRI. SULTHAN SINGH, S/O DUGAR SINGH, AGED ABOUT 45 YEARS, R/AT SILEGARH PS MISHROULI, TEHSIL PACHPAHAR, DISTRICT JHALWAR, RAJASTHAN - 326 512. …PETITIONER (BY SRI. PRASAD M. MAHARAJAPET, ADVOCATE) AND: UNION OF INDIA BY NARCOTICS CONTROL BUREAU, BENGALURU ZONAL UNIT, BENGALURU - 560 034. REPRESENTED BY ITS SPL. SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SRI. S. RAJASHEKAR, ADVOCATE) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION AND RELEASE THE PETITIONER ON BAIL WHO IS ARRAYED AS ACCUSED NO.5 IN SPL.C.NO.749/2024 (ARISING OUT OF NCB CR.NO.48/1/20/2005/BZU) PENDING ON THE FILE OF THE Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29701 CRL.P No. 7889 of 2025 XXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT, (NDPS), BENGALURU, CCH-33 FOR THE OFFENCE PUNISHABLE UNDER SECTION 8(c), READ WITH 21, 21(c), 25, 28, 28 OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT 1985 WITH REASONABLE CONDITIONS AS DEEMED FIT BY THIS HONBLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner has preferred this petition to release him on bail in Spl.C.C.No.749/2024, pending on the file of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS) Bengaluru. 2. Brief facts of the case are that: The Intelligence Officer, Narcotics Control Bureau, South Zonal Unit, Chennai, filed a complaint against accused Nos.1 to 5 before the Special Judge for NDPS Act cases, Bengaluru, for offences under Section 8(c) read with Section 21, 25, - 3 - HC-KAR NC: 2025:KHC:29701 CRL.P No. 7889 of 2025 28 and 29 punishable under Sections 21(c), 25, 28 and 29 of the NDPS Act, 1985. 3. It is averred in the complaint that, on 29.09.2005, upon receiving a credible information about trafficking in drugs i.e., heroin, between Madhya Pradesh to Tamilnadu via Bengaluru, a team was formed with an action plan and the said team rushed to the spot and mounted surveillance in that area. At around 20:00 hours, one lorry bearing registration No.MP 44 J 0341, came from Tumakuru side and parked on the Bengaluru-Tumakuru national highway, infront of M/s. Mahaveer Roadlines. Two persons approached the said lorry and the person sitting in the driver's seat passed some instruction to the conductor of the said lorry, who then went behind the driver's seat and took out a big black coloured rexin bag from the box behind the driver's seat and handed over to the driver, who inturn handed it over to the persons who approached the lorry. Immediately, the NCB officials surrounded them. On enquiry, they revealed their names and identity. The - 4 - HC-KAR NC: 2025:KHC:29701 CRL.P No. 7889 of 2025 bag containing 11.300 kgs of heroin kept in 12 packets were seized. 4. It is alleged that all the accused have collectively entered into criminal conspiracy at Madhya Pradesh and Tamilnadu to procure, possess and transport the drug and attempted to commit illicit trafficking of 11.355 Kgs of heroin from India to Srilanka. 5. The learned standing counsel appearing for respondent-NCB has filed detailed statement of objections opposing the bail petition. It is contended that the quantity of the contraband seized comes under the purview of commercial quantity under the NDPS Act, and the punishment prescribed is Rigorous Imprisonment for a term which shall not be less than 10 years but which may extend to 20 years and shall also be liable to fine which shall not be less than Rs.1,00,000/- and which may extend to Rs.2,00,000/-. It is contended that the twin conditions specified under Section 37 of the NDPS Act, 1985 are not fulfilled, in view of the prima-facie case made out and - 5 - HC-KAR NC: 2025:KHC:29701 CRL.P No. 7889 of 2025 therefore, petitioner is not entitled for bail. Reliance is placed on the voluntary statement of the petitioner recorded under Section 67 of the NDPS Act, to contend that the said voluntary statement establishes the guilt of the petitioner. 6. Admittedly, according to the prosecution, persons who were apprehended, are accused Nos.1 to 4. Petitioner is arraigned as accused No.5 in the complaint. The alleged recovery of 11.355 Kgs of heroin is not from the petitioner, on the other hand it is from accused Nos.1 to 4 who were apprehended from the spot. The allegations against the petitioner is one of conspiracy. 7. It is relevant to mention that trial was held against accused Nos.1 to 4 in Spl.C.C.No.68/2006 before the Court of XXXIII Additional City Civil and Sessions Judge and Special Judge, (NDPS) Bengaluru. The said accused were acquitted by the Special Court vide judgement dated 22.02.2010. - 6 - HC-KAR NC: 2025:KHC:29701 CRL.P No. 7889 of 2025 8. The learned counsel for petitioner has drawn the attention of the Court to the relevant para of the judgment, wherein, learned judge has observed that 'there is no specific evidence that accused Nos.1 and 5 have manufactured and thereby procured 11.355 kgs of heroin at their place in Silegarh, Jalwar District, Rajasthan State'. Further, 'there is no specific evidence that accused Nos.1 and 5 have gone to Mandsaur bypass and thereby handed over the rexin bag containing contraband to accused No.2 to be carried and handed over to accused No.1 on 29.09.2005, near Mahaveer road lines'. 9. The only material against petitioner is the alleged voluntary statement recorded under Section 67 of the NDPS Act. Apart from the same, there is no material at this stage to deny the relief of bail sought by him. Learned counsel submits that the said voluntary statement is not admissible evidence. Accused Nos.1 to 4 are acquitted by the trial Court. - 7 - HC-KAR NC: 2025:KHC:29701 CRL.P No. 7889 of 2025 10. Learned counsel appearing for respondent would vehemently contend that the petitioner was absconding all along and he deliberately remained out of reach of the respondent officials and therefore, he is not entitled for bail. He contended that petitioner hails from Rajasthan and therefore, if he is released on bail, he may not be available for trial. 11. Petitioner has been arrested in this case and produced before the Court, he is in judicial custody since 20.03.2025. It is contended by the learned counsel that the petitioner was unaware of the complaint lodged against him and at no point of time, efforts were made by the respondent officials to arrest him. He contended that the petitioner is innocent and he has been falsely implicated in this case, only on the basis of the alleged statement of the co-accused. 12. Considering the facts and circumstances, by imposing stringent conditions, relief sought by the petitioner can be granted. Accordingly, the following: - 8 - HC-KAR NC: 2025:KHC:29701 CRL.P No. 7889 of 2025 ORDER i) Petition is allowed. ii) Petitioner/accused No.5 shall be enlarged on bail in Spl.CC.No.749/2024 pending on the file of the Court of XXXIII Additional City Civil and Sessions Judge and Special Court (NDPS) Bengaluru (arising out of NCB F. No.48/1/20/2025-NCB/MDS), subject to following conditions: 1. He shall execute a bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) with two sureties, out of which one shall be local surety, to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of 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. - 9 - HC-KAR NC: 2025:KHC:29701 CRL.P No. 7889 of 2025 5. He shall appear before the trial Court regularly on all dates of hearing. If any of the above conditions are violated, prosecution is at liberty to move for cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 16 CT: BHK