9911796707
TMI Blog2012 (12) TMI 1005X X X X Extracts X X X X X X X X Extracts X X X X ..... filed under section 439 of CR.P.C and Section 37 of NDPS Act, the petitioner has sought for an order to release him on bail in connection with case registered by the respondent in DRIF No.S/IV/33/2012. 2. According to the case of the prosecution, the officer of the Directorate of Revenue Intelligence, Bangalore Zonal Unit, received a specific information on 02.08.2012 that the petitioner is caring some drugs covered under NDPS Act and that he is flying and he was scheduled to fly to Kuala Lumpur, Malaysia by Malaysian Air Lines Flight No. MH 193. Immediately , they intercepted the petitioner in the International Airport, Bangalore and as desired by him his personal search was made in the presence of a Gazetted Officer but nothing was fou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Special Judge. 3. The petition is opposed by respondent and a detailed statement of objections have been filed. 4. I have heard learned counsel for the petitioner and Sri.Urval N. Ramanand, Senior Counsel and Standing Counsel for the respondent and perused the records made available. 5. No doubt, at this stage, the materials on record prima facie indicate that on specific information received, the officials of the Directorate of Revenue Intelligence, Bangalore Zonal Unit intercepted the petitioner on suspicion that he is carrying some contraband articles prohibited under NDPS Act. The materials further indicate that when the personal search of the petitioner was conducted in the presence of Gazetted Officer, no incriminating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere are no reasonable grounds to believe that the petitioner i s guilty of any of the offence under the act. No doubt, total quantity found in the baggage weighed 19.5 Kg s. Therefore, it was commercial quantity. The bar under Section 37 of the NDPS Act was only to the effect that in cases where a person is accused of offence punishable under Sections 19, 24 or 27A involving commercial quantity shall not be released on bail or on his ow n bond, unless an opportunity is given to the Public Prosecutor to oppose the application and where the public Prosecutor opposed the application and the Court should be satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner is entitled for bail. 9. Hence, the petition is allowed. Petitioner is ordered to be released on bail in DRIF No.S/IV/33/2012 on the file of XXXIII Additional Ci ty Civil Sessions Judge on his executing a personal bond for ₹ 2,00,000/- with two local solvent sureties f or the like sum to the satisfaction of the learned Special Judge and subject to further conditions that, i) He shall not tamper or terrorise the prosecution witnesses in any manner. ii) He shall not indulge in any acts similar to the one alleged in the case. iii) He shall not leave the jurisdiction of the Special Court without express permission thereof. iv) He shall surrender his passport before the Special Court, if already not seized. v) He sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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