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2017 (1) TMI 1802 - HC - Indian LawsSmuggling - Cocaine - combination of Paracetamol with cocaine - offence under Section 21(c) of the NDPS Act, 1985 - HELD THAT - The investigation since complete, there is no impediment to allow this petition. The petition is allowed. Petitioner is enlarged on bail, subject to conditions imposed. Application allowed.
Issues:
Bail application under Section 439 Cr.P.C. - Offence under Section 21(c) of the NDPS Act, 1985 - Possession of cocaine - Enlargement on bail with conditions. Analysis: The High Court of Karnataka, in the present case, dealt with a bail application filed by the petitioner who was the accused No.1 in Crime No.220/2016 registered by the police under Section 21(c) of the NDPS Act, 1985. The prosecution alleged that the accused persons, who were Nigerian citizens, were found in possession of 300 grams of cocaine and were involved in trading the substance. The prosecution stated that 140 grams of the substance was seized from the petitioner's possession, and 125 grams from accused No.2. The substance was subjected to chemical analysis, revealing a combination of Paracetamol with cocaine, although the percentage of cocaine was not specified. Notably, accused No.2 was already on bail as per a previous order of the Court dated 8.12.2016 in Crl.P.No.8239/2016. The Court considered the completion of the investigation and found no hindrance to granting bail to the petitioner. Consequently, the petition was allowed, and the petitioner was enlarged on bail in Crime No.220/2016, subject to specific conditions. These conditions included executing a self-bond for Rs.2,00,000/- along with one local surety, marking attendance before the Investigating Officer every alternate Friday during office hours until the trial's conclusion, and refraining from engaging in the alleged activities. The Court's decision to grant bail was based on the completion of the investigation and the absence of any impediment, allowing for the petitioner's release on bail with the prescribed conditions to ensure compliance and accountability during the trial proceedings.
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