Accused No.5 sought bail under Section 439 Cr.P.C. in an NDPS case involving commercial quantity of contraband concealed for smuggling to Doha and Qatar. The Court noted an earlier bail petition was dismissed on merits, trial had commenced with prosecution witnesses supporting the case, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 8279 OF 2024
BETWEEN:
ZAKAULLA S/O RAHAMATULLA AGED ABOUT 34 YEARS R/O NO.256/A, 10TH CROSS HYDER ALI BLOCK, GOUSIYANAGAR UDAYAGIRI, MYSURU-570 019 …PETITIONER (BY SRI.ANIL KUMAR A. S., ADV. FOR SRI. PARAMESWARAPPA C., ADV.)
AND:
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
STATE BY UNION OF INDIA INTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU (NCB) BENGALURU ZONAL UNIT H NO.7/1-2, PRIYANKA VILLAS RAMANNA GARDEN, KATTIGENAHALLI BAGLUR MAIN ROAD, AIR FORCE STATION YELAHANKA POST, BENGALURU-560 063 …RESPONDENT
(BY SRI.MADHUKAR M. DESHPANDE, SR.PANEL COUNSEL, NCB)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CONNECTION WITH NCB F NO.48/1/11/2021/BZU AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 8(c) READ WITH 20(b)(ii)(c),25,27,27A,28,29 OF NDPS ACT 1985 PENDING BEFORE THE LEARNED XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE AND SPL.JUDGE AND NDPS AT BENGALURU IN SPL.C.NO.2041/2021 FOR THE AFORESAID OFFENCES.
NC: 2024:KHC:46227 CRL.P No. 8279 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner-accused No.5 is before this Court
seeking grant of bail under Section 439 of Cr.P.C. in NCB F.No.48/1/11/2021/BZU of Narcotic Control Bureau (for short, ‘NCB’), pending in Spl.C.C.No.2041/2021 on the file of the learned XXXIII Additional City Civil and Sessions Jude and Spl.Judge for NDPS, Bengaluru registered for the offences punishable under Sections 20(b)(ii)(c), 25, 27, 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act’), on the basis of the first information lodged by the informant.
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Negative for the following:
R E A S O N S
NC: 2024:KHC:46227 CRL.P No. 8279 of 2024
completed and the charge sheet is filed. There are primafacie materials against the petitioner.
NC: 2024:KHC:46227 CRL.P No. 8279 of 2024
7. Accordingly, I answer the above point in the
‘negative’ and proceed to pass the following:
ORDER
The petition is dismissed.
The trial court is directed to dispose of the matter expeditiously taking into consideration the fact that the petitioner is in judicial custody.
Sd/(M G UMA) JUDGE
CM
List No.: 3 Sl No.: 5
1 issue framed by the court
Whether the petitioner-accused No.5 is entitled to grant of bail under Section 439 Cr.P.C. in an NDPS case involving commercial quantity?
7 provisions across 2 enactments
Zakaulla S/o Rahamatulla
State by Union of India, Intelligence Officer, Narcotic Control Bureau (NCB), Bengaluru Zonal Unit
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
